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MONTANA STATE LIBRARY 
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PLEASE RETURN 



BTAJE DOCUMENTS COLLECTION 

NOV 4 1382 

MONTANA "STATE LIBRARY 

930 E Lyiidala Ave. 

Helena, Montana 59601 



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OF THE 
PEOPLE 

BY THE 
PEOPLE 

FOR THE 
PEOPLE 






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1971* 




Enabling Act 
Convention Rules 
Delegate Information 
Delegate Proposals 
Committee Proposals 



Published By The 

Montana Legislature 

in cooperation with the 

Montana Legislative Council 

and the 

Constitutional Convention Editing and Publishing Committee 

Helena, Montana 
1979 



Editing and Publishing Committee 
Margaret S. Warden, Chairman 
Jo Ellen Estenson 
Mae Nan Robinson Ellingson 
Arlyne Reichert 
Mark Etchart 



Legislative Council 
Room 138, Stat.- Capitol 
Telephone 406-4 19-3064 
Helena, Montana 5960 I 

Executive Director 
Diana S. Dowling 



» 






CONTENTS 

Vol. I 

Foreword j 

The Movements for Statehood and 

Constitutional Revision in Montana. 1 866- 1972 % 

Enabling Act 

Convention Rules ,; 

Delegate Information 

Procedural Committees 

Substantive ( lommittees 

Alphabetical List of ( Committee Assignments 2-1 

Convention Officers 

Delegate Biographies 

Map of Delegate Districts 

Delegates By District 

Convention Staff 

Bibliography 

Delegate Proposals 

Committee Proposals 

Suffrage and Elections 

Constitutional Revision 

Legislative 

Executive 429 

Judiciary 

Vol. II 

Committee Proposals (cont.) 

Natural Resources and Agriculture 547 

Revenue and Finance 

Bill of Rights ''1 : ' 

Public Health, Welfare, Labor and Industry 

Education and Public Lands 

Local Government 

General Government 

Compact with the United States 

Reports of Committee on Style, Drafting, Transition, and Submission 

Suffrage and Election 

Constitutional Revision 

Legislative 

Executive 

Judiciary 

Natural Resources and Agriculture 

Revenue and Finance 

Bill of Rights 



Public Health, Welfare, Labor and Industry 975 

I I .ands 991 

. ernmenl 1007 

Genei eminent 1017 

( 'ompacl With The United States 1027 

Kinal Keporl 1033 

< 'onstitution 1087 



FOREWORD 

Constitutional Conventions arc the tap roots of democracy. Openly conducted, they bring Un- 
people, through the delegates, lace to tact- with what government is all about U such Conven- 
tions, society must arrange its priorities, safeguard its basic beliefs, and order its future. This is a 
large order under the best of circumstances and the wonder is that men and women from diverse 
backgrounds with different interests and with limited time and resources can successfully under- 
take the task. In 1972. in Helena. Montana, one hundred men and women did so successfully. 
Montana had a good Constitutional Convention. 

The members of the Montana ( "(institutional ( Convention were an unusual group 
the whole, inquisitive, studious, well-meaning, and sincerely interested in improving thi Montana 
political framework. For the most part they were not seasoned politicians, with th< in of a 

few former state legislators they were persons interested by nature or vocation in the political 
process, but who had not participated before as elected o 

The important key to the election of this rather remarkable group was an action by the- Montana 
Supreme Court. During the legislative session at which the ( '(invention was authorized 
arose whether legislators could serve in the ( Convention. The Supreme ( Court held that since legis- 
lators were already elected to a term of office extending beyond the delegate terms, tin. 
ineligible to become candidates in the delegate election. The result was that all of the ma 
politicians serving in the Legislature were frozen out of the ( "(institutional ( 'onvention. 

The delegates brought none of the acrimony and bitterness to the Convention that sometimes 
develops between seasoned politicians with preconceived positions on major state issues. Thus the 

delegates were able to approach the principal issues before the Convention man objective manner, 
and they also avoided a good deal of the pressures to which legislators are subjected. The probable 
unforeseen result of the Supreme Court's action was a constitutional body relatively free from 
influence and dedicated to basic changes in Montana's constitutional framework. 

Organizing a Constitutional Convention is a disquieting experience. There are tew local prece- 
dents, a consciousness of uninhibited freedom and a reluctance to copy other states too completely. 
A Convention is really two operations— one administrative and one substantive. Very little ties 
these functions together, and there is a tendency to prefer substantive matters to mundane admin- 
istration. Yet without sound administration, a Convention flounders, and the result could be 
disastrous. 

The Montana Convention had four procedural committees and ten substantive committi 
President, I was allowed to make committee assignments and designate committee chairmen, 
which selections were then approved by the ( '(invention as a whole. Before such assignment - 
made, each delegate was asked to list his first, second, and third choice; 81 of the deleg 
placed on their first-choice committee and 15 got either their second or third choice. Only four 
delegates were assigned committees without regard to their three choices 

The committee selection function was. however more difficult than it may appear Each com- 
mittee was weighted between Republicans and Democrats in proportion to the party strength in 
the Convention (including special arrangements for five Independents). In addition. I balai 
the committees with strong advocates of the opposing ideological positions likely to be consul. 
by the particular committee. Finally, committee chairmen were appointed according to party 
proportions (including an Independent), and then a member of the opposite political party or. 
whenever possible, a member of an opposite faction was appointed as vice chairman. 

The committees thus contained members of both parties and members of all factions likely to 
contend over the issues before the committee. These factions were balanced whenever practicable. 
and each faction given its strong leadership. 

The purpose of so carefully weighting the commute,- membership was to lore,- the conflict over 
ideas back into the committees. This had the effect of creating the first and perhaps the most sig- 
nificant debate among those most interested in the issue, and at the basic committee level. It had 



the further aclvanl ding, at the < 'ommittee-of-the Whole debate stage, any claim that a 

tion had been overlooked or taken advantage of. Since the minority report of most com- 

mittees was made by the second strongesl faction involved, the Convention debate was a true 

i between the principal contenders on any given point, and the committee tactions were in a 

position to accept the final result alter full committee debate in a better mood than they might have 

if they had been attacking the issue from outside the com in it tee structure. The result was that no 

or issues split the Convention significantly, as has occurred in many other Conventions. 

A convention is an unwieldy institution at its best, either lying dormant or lurching forward 
recklessly, depending on circumstance and (sometimes) the whim of its leadership. Because the 
funds available to conduct Montana's ( '(invention were so limited, it became absolutely essential 
that a carefully designed schedule be devised and followed if the Convention was to complete its 
work within its money, not to mention time. As a result the Convention leadership early spent 
consider. 1M1 effort in devising such a schedule and urging adherence to it. 

The Convention was scheduled for nine weeks: it lasted fifty-six days, excluding Sundays. The key 
to the schedule was a "rolling" feature by which the hearings, reports and debates of the com- 
mittees were arranged on a staggered basis so that all did not come due at once. The first week was 
taken up largely with orientation. There followed three weeks of intensive committee hearings, 
meetings, and investigation. During the fourth and fifth week each committee was required to 
conduct one final public hearing at a time when no other public hearings were being held so that 
delegates from other committees could attend the hearing. Thereafter, a Committee Report was 
filed with the Convention and debate in Committee of-the-Whole took place. Debate occupied the 
Convention tor about lour weeks. After adoption by the Committee-of-the-Whole, each Article was 
assigned to the Style and Drafting Committee, and again reported to the Convention before final 
ige 

The Montana Convention overlooked no opportunity to publicize its activities and to encourage 
public participation. Toward that end all of its votes, all of its deliberations, including all sub- 
stantive and procedural committee meetings, were open to the public and press. An open Conven- 
tion is not a painless one. and there were incidents and unfavorable publicity from time to time. 
But the value in the long run of the image of an open and accessible Convention proved to he great. 

Debate on the great issues is the heart of any Constitutional Convention. At the Montana Con- 
vention debate was unlimited. Although the rules allowed limits, this never became necessary. 
There was no issue on which debate was ever cut off or limited, and no motions, amendments, or 
viewpoints that were not fully heard and discussed. Each delegate, no matter how trivial, far- 
fetched, or tedious the discussion might be, was given an opportunity to speak before the vote. 

This completely unlimited and open debate was not easily achieved. It took time. The Convention 
always started debate at ! 1:00 a.m. and often continued after the dinner hour and. on occasion, until 
1 1:00 p.m. On most days, however, debate lasted about seven to eight hours. 

( )ne result of this broad debate was to avoid tension and engender tolerance. After the delegates 
realized that their right to speak was not going to be cut off or limited, they relaxed, listened, and 
considered the issues without rancor. The delegates often got tired, but they never worried that 
their viewpoint couldn't be expressed and considered. 

It seems to be a principle oft '(institutional debate, perhaps of legislative debate as well, that when 
a in. nor issue is first encountered, the Body must be given sufficient time to probe the issue deeply 
and well. Attempts to bring about an early vote on major issues of real concern to most delegates 
usually resulted in slowing things up because of motions to reconsider, reversals of one type or 
another, and even motions to suspend the rules. However, if the Convention was allowed to debate 
a major issue thoroughly and completely, then several significant votes could be taken quickly 
near the end of the debate, establishing clearly the line of principle which the ( '.invention wished 
to adopt Usually such terminal votes were by strong majorities that were not subject to later 
IS attack by dissident delegates 

These matters are only administrative details, possibly useful in other Conventions or of his- 
torical significance. Bui on the substantive side there is one absolute good that deserves comment. 



I, ,n (Waybill. Jr. 



Great Falls. Montana 
May 1979 



workable framework of government, particularly within the context of its era, and it did contain 
one provision which was remarkably farsighted. This is the inviolate Public School Trust Fund 
which established a basis for funding Montana's educational system. The trust fund has since 
proven its worth and stands m marked contrast to the poor handling of public lands income in 
some other western states. 

The document written by the 1889< institutional Convention met lit tie opposition in the Territory. 
It won easy approval at the polls. 24,676 to -1:11 1. Montana was admitted to the Union by the order 
of President Benjamin Harrison, November 8, 1889. 

With statehood, government was structured and began operation under the newly adopted con- 
stitution. Its success was probably no better or worse than that experienced by the many new 
states admitted between 1864 and 1912. Increasingly, as conditions changed and new problems 
I he need to amend the ( '(institution became periodically apparent. Between 1890 and 1971 
the basic document was amended thirty-seven times. This frequency of change indicated that the 
Constitution had Haws and did not have sufficient flexibility to meel new challenges. This situa- 
tion grew worse after World War II. The changing roles of the federal, state, and local govern- 
ments: the change in relationships between the legislative and executive branches; citizen 
activism; and the traumas and uncertainties of the mid-twentieth century — all caused a basic re- 
evaluation of our governmental framework. Major constitutional revision seemed a necessity. 

In 1967 and 1968, the Legislative Council staff studied the various problems associated with the 
Constitution and many suggested solutions. They reported to the legislature that the Constitution 
required substantial revision if it was to he workable in coming decades. The Forty-first Legisla- 
tive Assembly created a ( '(institution Revision ( 'omnussion in 1969 to study methods of revising 
Montana's fundamental law. The appointive body in 1969-1970 investigated the various options 
available to the state for revision of the document and ultimately recommended that by referen- 
dum .i constitutional convention be called. With the passage of Referendum 67, which empowered 
the calling of a convention to draft a new constitution, the Forty-second Legislature authorized the 
election of convention delegates, established a Constitutional Convention Commission, and pro- 
vided funding for the operations of the Commission and the Convention. The Convention Com- 
mission and its staff conducted the necessary research and prepared for the convening of the Con- 
vention. 

I'lii election of delegates was held in November of 1971 and the preliminary sessions of the Con- 
vention took place at the State Capital, November 29 -December 1, 1971. The regular session of the 
Convention first met on January 17 and completed its deliberations March 24, 1972. Because pub- 
lic officials serving at the time were not eligible for election as delegates, the individuals selected 
were relatively new to government. Among them were ministers, a student, educators, bankers, 
ranchers, journalists, retired people, housewives, business people, a pilot, farmers, and an archi- 
tect The variety of experience, age. and origin combined to produce a constitution which has been 
called a "model document." Among other things it changed the governance of Montana's educa- 
tional systems, gave more power to the legislature, and restructured the Public Service Commis- 
sion. Written in clear, precise language, the new Constitution is much less than half the length of 
the 1889 Constitution. 

After a heated campaign, the Constitution was accepted by the people of Montana at an election 
held dune 6, H)72. The vote on adoption was 1 16,415 to 113,883. The document was proclaimed as 
officially adopted by Governor Forrest H. Anderson, June 20, 1972. 

Any change in government and its procedures will encounter opposition. This occurred with the 
implementation of the new Constitution. Its opponents challenged the document in court, arguing 
that it had not been accepted by the electorate on June 6, 1972. Based on wording in the 1889 Con- 
stitution, the challengers maintained that a majority of those receiving ballots had to approve the 
constitution not just a majority of those voting on the constitutional question. Ultimately, this suit 
was heard by the State Supreme Court and the opponents' argument was rejected, effectively de- 
claring the 1972 Constitution in force. Over the course of the next two years, the provisions of the 
document were implemented by the three branches of government under the transition schedule 
established by the Constitution. 

Brian Cockhill 
Montana State Archivist 
January 1979 



CONSTITUTIONAL CONVENTION 
ENABLING ACT 

(Chapter 296, Laws of 1971, As Amended bj 
Chapter 1, Laws of 1971, Extraordinarj Session) 

Section 1. A constitutional convention to propose revisions, alterations, or amendments to the 
constitution of the state of Montana is hereby called. 

Section 2. The number of members of the convention and the districts from which the> 

shall be the same as that provided for the election of members of the house oi representatives of the 

Montana legislative assembly at the general election to be held Novembi 

Section 3. The qualifications of members shall he the same as that of members of the senate of the 
Montana legislative assemby as provided in article V, section 3 of the constitution of thestafc 
Montana: "No person shall be a senator who shall not have attained the age of twenty-tour <2 I) 
years, and who shall not be a citizen of the United States and who shall not (for at least tweh 
months next preceding his election! have resided within the county or district in which he shall lie 
elected." 

Section 4. (1) Delegates to the constitutional convention shall be elected in the same manner as 
members of the house of representatives, except the special primary election shall be held Septem- 
ber 14, 1971 and the special general election shall be held November 2, 1971. 
Thirty (30) days or more before the special general election, the secretary of state shall certify to the 
registrars the name and description of each person nominated, as specified on the certificat 
nomination filed with him. 

Section 5. Each member, before entering upon his duties, shall take and subscribe the following 
oath or affirmation prescribed by section 1 of article XIX of the constitution of the state of Mori 
tana: "I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the 
United States, and the constitution of the state of Montana, and that I will discharge the duti< 
my office with fidelity; and that I have not paid, or contributed, or promised to pay or contribute. 
either directly or indirectly, any money or other valuable thing to procure my nomination or elec- 
tion (or appointment) except for necessary and proper expenses expressly authorized by law; that 1 
have not knowingly violated any election law of this state, or procured it to be done by others in my 
behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing 
for the performance or non-performance of any act or duty pertaining to my office other than the 
compensation allowed by law, so help me God." 

Section6. Vacancies occurring in the convention shall be tilled in the manner provided for tilling 
vacancies in the legislative assembly as provided in sections 43-215 and IS -216, R.C.M., 1947. 
"43-215. Filling vacancies in legislative assemby— appointment by board of county commis- 
sioners—calling of board meeting. When a vacancy occurs in either house of the legislative assem- 
bly, the vacancy shall be filled by appointment by the board of county commissioners, or. in the 
event of a multicounty district, the boards of county commissioners comprising the district sitting 
as one appointing board. The chairman of the board of county commissioners of the county in 
which the person resided whose vacancy is to be filled shall call a meeting for the purpose of ap- 
pointing the member of the legislative assembly, and he shall act as the presiding officer of the 

meeting." 

"43-216. Alternative method of selection— failure of one candidate to receive majority vote'. In the 
event that a decision cannot be made by the appointing board because of failure of any candidate 
to receive a majority of the votes, the final decision may be made by lot from a number of candid- 
ates, not exceeding the number of counties comprising the district, in accordance with rules of se- 
lection adopted by the appointing board." 

Section 7. (1) It shall be the duty of the delegates elected to assemble in the chambers of the house 
of representatives in the state capitol building in the city of Helena at 10:00 a.m. on November 29, 
1971, for an organizational meeting of no longer than three (3) days duration. 
(2) This meeting shall be for the purpose of electing permanent convention officers, adopting rules 
of procedure, and providing for such interim committees and staff members as may be necessary to 
prepare for the plenary meeting of the convention. 



2 

I) Until the convention has adopted rules of procedure, "Mason's Manual of Legislative Proce- 
shall govern the procedure of the convention. A majority of the whole number of delegates to 
invention shall ((institute a quorum for the transaction of business, hut a smaller number 
may adjourn from day to day. The convention may compel the attendance of its members. 

(4) The governor shall call the first meeting of the constitutional convention to order and shall pre- 
side until a temporary president is elected. The governor shall: 

(a) call the roll of the members-elect, (as shown by the official election re- 
turns on file in the office of the secretary of state); 

i l)i cause the oath called for by this act to he administered to those mem- 
bers-elect who are present; 

(c) call for nominations of convention members tor the office of 
temporary president; 

(d) cause the roll of members to be called for the purpose of voting for 
temporary president, and 

lare to be elected the person receiving a plurality of votes cast for 
the office of temporary president 

(5) The temporary president shall then assume the duties of the presiding officer, and the conven- 
tion shall proceed to the election of a president from within its membership in like manner as the 
temporary president was elected except that a majority of the votes cast is required to elect the pres- 
sident of the convention. The convention shall then proceed to elect one of its members as vice- 
president of the convention to preside in the absence of the president. 

(6) it shall be the duty of the delegates elected to assemble in plenary session in the chambers of the 
house of representatives in the state capitol building in the city of Helena at 10:00 a.m. on January 
17. HITli. The convention, winch may recess from time to time, shall then remain in session as long 
as necessary. 

Section 8. In going to and returning from the convention and during its sessions, the members 
shall in all cases, except treason, felony or breach of the peace, be privileged from arrest; and they 
shall not be questioned in any other place for any speech or debate in the convention. 

n 9. The convention may select and employ such employees as it may deem necessary to the 
efficienl conduct of its business, each of whom shall receive such compensation as may be fixed by 
the convention. The convention may make such other expenditures as it deems proper to carry out 
its work, but shall not authorize total expenditures in excess of the amount appropriated by law for 

its expenses. 

in 10. (1) The convention shall determine the rules of its procedure, and be the judge of the 
election, returns and qualifications of its members. The convention shall keep a verbatim journal 
of its proceedings and a transcript of its debates. Each committee of the convention shall keep a 
record of its proceedings and reports. The convention may also provide for the publication of any of 
its other documents and reports. 

(2) The verbatim journal of its proceedings, the transcript of the debates of the convention, and the 
committee reports and proceedings shall be filed in the office of the secretary of state. 

Section 11. (1) It shall be the duty of all public officers and employees to furnish the convention 
with any and all statements, papers, hooks, records and public documents that the convention re- 
quires on request of the convention or its committees, and appear before the convention or any 
committee t hereof. The convention, and its committees, may compel the attendance and testimony 
of witnesses and the production of books, records and documents. Oaths may be administered by 
t he president or any other officer of the convention. Subpoenas and subpoenas duces tecum may be 
: over the signature of the president or any other officer of the convention, and may be served 
by any adult person designated by the issuing officer. 

I) Any district court judge, upon application of the convention, may compel the attendance of wit- 
s, the production of hooks, records or documents, and the giving of testimony before the con- 
vention by an attachment tor contempt or otherwise in the same manner as production of evidence, 
not privileged by law , may he compelled before the court. 



Section 12. (1) The convention may use the facilities of the state, municipal or county government 
when such use is not disruptive of regular governmental activities. 

(2) State, municipal and county officers and employees, at the request of the convention and with 
the consent of the employing agency, may he granted leave with or without pay from their agency 
to serve as consultants to the constitutional convention. If leave with pay is granted they shall re- 
ceive no other compensation, except mileage and per diem, from the convention. 

Section 13. The convention may also prepare a schedule of proposed legislation for submission to 
the 1973 legislative assembly that will complement the proposed revisions, alterations or amend- 
ments. 

Section 14. The convention shall prepare a schedule of transitional provisions and fix the date or 
dates upon which revisions, alterations or amendments, if adopted by the voters, take effect 

Section 15. (1) Sections 43-801 to 43-808, R.C.M., 1947 providing for the licensing of legislative 
lobbyists shall apply to lobbying at the constitutional convention 

(2) Licensed lobbyists shall file with the secretary of state a report on February 1 . 1972; February 
15, 1972; March 1, 1972; March 15, 1972; April 1 , L972; June 1 t, L972. The report, under oath, n 
include all expenditures made by him relative to promoting or opposing constitutional provisions 
On the fifth day a report is delinquent, the secretary of state shall suspend the license ol any li- 
censed lobbyist who fails to file a report until such report is filed. The suspension shall he ei 

on the docket, and the president of the convention notified 

(3) Reports must be filed even though no expenditure may have been made. 

(4) Reports need not include: 

(a) reasonable internal expenditures such as office expenses, mailing and routine re 
search; and 

(b) reasonable expenditures for his personal food, lodging and travel. 

(5) Expenditures of twenty-five dollars ($25) or less may be reported in total amounts rather than in 
detail. 

(6) A lobbyist who terminates his duties shall give the secretary of state, within thirty (30) days 
after the date of such termination, written notice and shall include a report of his expendit ures ci iv 
ering the period of time since his last report. Such reports shall he final. 

(7) The secretary of state shall provide forms and shall keep such reports on file for three (3) years. 
All records are to be open to the public. 

(8) Failure to file reports or the filing of incomplete information is a violation of section 1 - - 
R.C.M., 1947. 

Section 16. (1) For each day of the organizational plenary and signing sessions of the convention, 
members of the convention shall be paid the same per diem, and expenses as provided in section 
43-310, R.C.M., 1947, for members of the legislative assembly. 

(2) The president and vice-president of the convention shall be paid the same per diem, and ex 
penses as the president of the senate and speaker ofthe house of representatives as provided m sec 

tion 43-311, R.C.M., 1947. 

(3) Members and officers shall be entitled to mileage for three (3) trips to and from their residences 
and Helena by the nearest traveled route at the rate provided for the legislative assembly in section 

43-310, R.C.M., 1947. 

(4) Officers and employees ofthe state and its political subdivisions who are not prohibited by the 
Montana Constitution or laws of Montana from serving as delegates and who are elected and 
serve as delegates to the convention shall have leave, without pay, from their employment during 
the time the convention is in session, and they shall be entitled to the per diem, expenses and 
mileage for delegates as provided in this section. 

Section 17 (1) The revision or alteration of, or the amendments to the constitution, adopted by the 

convention shall be submitted to the electors of this state for ratification or rejection, at an election 

appointed by the convention for that purpose, not less than two (2) months nor more than six (6) 

months after the adjournment of the convention. 

(2) The convention may submit proposals to the electorate for ratification in any ofthe following 

forms: 



(a) submitted as a unit in the form of a new constitution; 

(b) submitted as a unit with the exception of separate proposals to be 
v oted upon individually, or 

(c) submitted in the form of a series of separate amendments. 

( 3) The proposals adopted by the convention shall be certified by the president and secretary of the 

convention to the secretary of slate. 

, h proposed revision, alteration, or amendment, together with appropriate information ex- 
plaining each revision, alteration, or amendment, shall be published in full and disseminated to 
the electors upon adjournment of the convention but not later than thirty (30) days preceding the 
election and in such manner as the convention prescribes. 

1,1 The convention shall also publish a report to the people explaining its proposals. 
(6) Notice of the election shall be given in the manner and form prescribed by the convention. 
,7 1 The convention shall prescribe the manner and form of voting at such election. 

(8) The votes cast at such election shall be tabulated, returned and canvassed in such manner as 
may be directed by the convention. 

(9) If a majority of the electors voting at the special election shall vote for the proposals of the con- 
vention the governor shall by his proclamation declare the proposals to have been adopted by the 
people of Montana. The new constitutional provisions shall take effect as provided therein, or as 
pro\ uled in a schedule of transitional provisions atached thereto. 

(10) The election laws of the state of Montana shall apply in all other respects to the election con- 
ducted under this section. 

Section L8. Every person who, at the time of holding of the elections provided for in this act, is a 
qualified voter under the constitution and laws of this state shall be entitled to vote in such 
election. 

Section 19. All state and local officials shall do all those things which are appropriate to the hold- 
ing of each of the special elections provided for in this act and which are required under the general 
election laws. 

Section 20. ( 1 > A temporary state agency known as the Montana constitutional convention com- 
mission consisting of sixteen ( 16) members is hereby created to prepare for the constitutional con- 
vention. Legislators whose terms of office have not expired shall not be appointed to the commis- 
sion. Mem hers of the commission shall be appointed for a term ending upon sine die adjournment 
of the constitutional convention, consideration being given to geographic, economic, and other 
pertinent factors as follows: 

(a i four (4 1 members appointed by the speaker of the house of representa- 
tives, no more than two (2) of whom shall be affiliated with the same po- 
litical party; 

(b) four ill members appointed by the committee on committees of the 
senate, no more than two (2) of whom shall be affiliated with the same 
political party; 

(c) tour I h members appointed by the governor, no more than two (2) of 
whom shall he affiliated with the same political party; 

id) four i 1 1 members appointed by the supreme court, no more than two (2) 

of whom shall he affiliated with the same political party. 
(2) ( ommission members shall he reimhursed for actual and necessary expenses incurred as com- 
mission members. 

!i Vacancies in the membership of the commission shall be filled in the same manner as the orig- 
inal appointments, except when the legislature is not in session a vacancy among members ap- 
pointed by the Speaker of the House and the committee on Committees of the Senate may be filled 
by selection of another member by the remaining members of commission. 

ill The commission shall select from its membership a chairman and any other officers it con- 
siders necessary. 

he commission may employ and fix the compensation and duties of necessary staff. 



(6) State, municpal and county officers and employees, at the request of the commission and with 
the consent of the employing agency, may be granted leave with or without pay from their agency 

to serve as consultants to the constitutional convention commission. If leave with pay is granted 
they shall receive no other compensation, except mileage and per diem, from the commission. 

(7) It shall be the duty of the commission, in order to prepare for the constitutional convention: to 
undertake studies and research; to compile, prepare and assemble essential information for the 
delegates, without any recommendation. 

(8) The chairman shall schedule meetings of the commission as deemed necessary. The chairman 
shall give due notice of the time and place of the meetings to members of the commission. The direc- 
tor shall report at each meeting. 

(9) The commission shall maintain a written record of its proceedings and its finances which shall 
be open to inspection by any person at the office of the commission during regular office hours. 

(10) Upon request, state agencies shall cooperate with the commission by furnishing assistance 
and data to the extent possible. 

(11) The commission may accept and expend any federal funds which may be available tor support 
of the preparatory study. 

(12) The commission shall report its findings and any recommendations it considers necessary to 
the convention and transfer its files to the constitutional convention within ten 1 10) days after the 
constitutional convention has convened. 

Section 21. (1) The following amount is appropriated from the general fund to the constitutional 
convention commission: 

For the period ending February 1, 1972 $149,540 
Any amount unexpended from this appropriation on February 1 , 1972 is appropriated to the con- 
stitutional convention for the biennium ending June 30, 1973. 

(2) The following amount is appropriated from the federal and private fund revenue fund to the 
constitutional convention commission: 

For the period ending February 1. 1972 $149,461 

Any amount unexpended from this appropriation on February 1, 1972 is appropriated to 

the constitutional convention for the biennium ending June 30, 1 9 

(3) The following amount is appropriated from the general fund to the constitutional convention. 

For the biennium ending June 30, 1973 S499.281 

(4 i The following amount is appropriated from the general fund to the secretary of state for the i 
tions relating to the constitutional convention: 

For the biennium ending June 30, 1973 $41,000 

Section 22. If any part of this act shall be declared invalid or unconstitutional, it shall not affect 
the validity of any other part of this act. 

Section 23. This act is effective on its passage and approval. 

Section 24. This act is repealed effective June 30, 1973. 



RULES 
MONTANA CONSTITUTIONAL CONVENTION 

1971 - 1972 
INDEX 

( il M'IKK I. GENERAL PROVISIONS 

Rule 1. Quorum and Majority 

Rule -. Scat of Convention 

Rule S( ~>ions of the ( invention 

Rule I. Admission to Floor Defined 

CHAPTER 11. OFFICERS & EMPLOYEES 

Rule ;"). * (fficers ol the < invention 

Rule 6. Duties of the President 

Rule 7. Duties of the Vice Presidents 

S. Duties of the Secretary 

Rule 9. Duties of the Executive Director 

Rule 10. Vacancies 

Rule 1 1. Employees of the ('(invention 

CHAPTER 111. DELEGATES 

Rule 1 2. Assignment of Seats 

Rule 13. Conduct in Debate - Questions of Privilege 

Kul.' 1 1. Delegates Called to Order 

Rule l.">. Dissent of Delegates 

Rule 16. Times a Dele-ate May Speak 

Rule 17. General Limit on Debate 

Rule Is. Absence of Delegates 

Rule 1H. Contemptuous Behavior of Delegates 

Rule 20. Disclosure of Personal Interest 

Rule'_M. Vacancies 

Rule22. Compensation of Delegates 

CHAPTER IV. COMMITTEE OF THE WHOLE 

Rule 23. Committee of the Whole 

Rule24. Consideration of Proposals 

Rule 25. Amendments m Committee of the Whole 

Rule 26. Motion that Committee of the Whole Rise 

Rule '1~< . Reconsideration 

Rule 28. Application of Convention Rules 

Rule 29. Limitation of Debate 

CHAPTER V. COMMITTEES 

Rule30. Substantive Standing Committees 

Rule31. Procedural Standing Committees 

Rule32. President Ex Officio Member of All Standing Committees 
Rule 33. Select Committee- 
Rule'. 1. Appointment of Committee Members 

Rule 35. Appointment of Committee Chairmen and Vice Chairmen 

Rule 36. Quorum ami Rules of Committees 

Rule 37. Calling of Committees and Agenda 

Rule38. Notice of Committee Hearings 

Rule 39. Sitting of Committees During Sessions of the Convention 



Rule 40. Subcommittees 

Rule 41. Committee Proposals 

Rule42. Committee Meetings and Hearings 

Rule4o. Consideration of Proposals Without ( 'ommittee Recommendation 

Rule44. Last Day for Committee Reports 

Rule 1"). Power to Incur Expenses 

CHAPTER VI. DELEGATE PROPOSALS. RESOLUTIONS AMI CI I 1/1 N 

SUGGESTIONS 

Rule 16. Proposals Introduction 

Rule 47. Forms 

Rule 4>. Resolutions 

Rule 19. Citizen Suggestions 

Rule 50. Present Constitution Referral 

Rule 51. Order of Consideration of Proposals 

Rule52. Majority Vote on Proposals 

Rule 53. Unfinished Special Ordei - s 

CHAPTER VII. TRANSACTION OK BUSINESS 

Rule 54. Order of Business 

Rule 55. Roll Call 

Rule 56. Petitions - Entered in -Journal 

Rule 57. Motions 

Rule5,s. Reduced to Writing 

Rule.~>9. Withdrawal of Motions 

Rule till. Privileged Motions 

Rule 61. Motions not Debatable 

Ruled:!. < Irder of Putting Questions 

Ruletio. Amendments Must Be Germane 

Ruleo4. Division of Question 

Rule (So. Previous Question 

RuleOti. Motion for Reconsideration 

Rule 67. Ordering Calls of the Convention 

Rule 68. Procedure on Call of Convention 

CHAPTER VIII. LOBBYISTS 

Rule 69. Registration and Regulation 

CHAPTER IX. MISCELLANEOUS 

Rule 70. Reading of Documents 

Rule 71. Putting the Question 

Rule7l!. Recognition During Roll Call 

Rule 73. Roll Call 

Rule 74. Amendment or Suspension of Rules 

Rule 75. Appeals - Form of Question 

Rule 76. Mason's Rules of Legislative Procedure 

Rule 77. Voting by the Electrical Roll Call System 

Rule7.v "Present" Votes 

Rule 79. Convention Schedule 

Rule 80. Pairing 



CHAPTER I 
GENERAL PROVISIONS 

Rule 1 - Quorum and Majority 

A majority of Delegates, as hereinafter defined, shall constitute a quorum for the trans- 
action "I business, but a smaller number may adjourn the ( \>n\ ention from day to day and may 
also compel the attendance of absent I lelegates by the means approved by a majority, but not less 
than twelvi f the Delegates present and voting. A majority of Delegates may prescribe penal- 

lies lor the nonattendance of Delegates 

When a quorum is obtained, the affirmath e vote of a majority of the 1 )elegates present and 
voting is sufficient lor the adoption of any motion or resolution or the taking of any action by the 
Convention or the Committee of the Whole except that under order of business No. 5 and No. 6 and 
as otherwise specified m these rules an affirmative vote will require the majority of the elected 
I Megates for v\ huh no vacancy exists by resignation, expulsion under Rule 19, or death. 

Rule 1 - Scat of Convention 

The House of Representatives chambers in the State Capitol in the City of Helena, 
Montana, the foyer to said chambers and the south Senate lobby is designated "Convention Hall" 
and shall he the seat of the ( lonvention. Sessions and hearings of the standing committees of the 
Convention may he held throughout the state as provided in Rule 42 of these rules. 

Rule ;'■ - Sessions of the Convention 

All sessions of this Convention and all meetings of its committees shall be open to the pub- 
he and the news media. 

Rub I - Admission to Floor - Defined 

t Inly Delegates, officers, employees, members of the news media, and such other persons as 
may be authorized by the President shall he admitted to the Convention hall one-half Cj) hour 
prior to the commencement of the session, during the session, and within one-half (' '■>) hour after 
ad journmenl 

CHAPTER II 
OFFICERS AND EMPLOYEES 

Rule 5 - Officers of the Convention 

There shall he elected from the delegates, by majority vote, the following permanent offi- 
cers: a President, a First Vice President, two additional Vice Presidents, one from each Congres- 
sional District, and a Secretary. 

The President shall nominate an Executive I Hrector, whose nomination shall be ratified by 
nvention and who shall be subject to removal by the Convention. The salary of the Execu- 
tive Director shall be established by resolution of the Convention 

Rule <> - Duties of the President 

The President shall preside at sessions of the Convention anil of the Committee of the 
Whole, and exercise the usual powers and perform the usual duties of a presiding officer. He shall 
preserve order and decorum and fairly assign floor rights. He may speak to points of order and, 
subject to an appeal to the Convention or to the Committee of the Whole, shall decide points of 
order. 

The President shall be chief executive of the Convention, and all other officers and em- 
ployees shall be responsible to his general supervision. 

Together with the Secretary of the Convention, he shall authenticate by signature all pro- 
posals, resolutions or other formal acts adopted by the Convention. 

He shall cause to be prepared and furnished to each delegate a daily calendar and agenda 
of business for each session of the ( 'onvention. 

He shall, with the advice of the Committee on Administration, prepare a budget and submit 
it to the Convention for its approval on or before January 21, 1972. Every two weeks thereafter, he 
shall submit to the ( 'onventi.m a report of the expenditures of the Convention for the preceding two 
\\ eeks. 



He shall, with the advice of the Committee on Administration, let bids and award contracts 
for materials and services. 

He may vote in all elections, on all decisions called for by any delegate, and on all questions 
taken by ayes and nays, except that the President may not vote twice, once tu cause a tie \ ..(.■ and 
then again to break it. 

He may appoint any 1 (elegate to preside temporarily at any session ol the < onvention or 
any ( !ommittee of the Whole, but not for longer than one day at a time without lea\ e ol th< 
vention. 

Rule 7 - Duties of the Vice Presidents 

The First Vice President shall have such duties as the President may assign, and shall pre 
side as President in case of the sickness or absence of the President, or in case of a vacancy in the 
office of President. The two additional Vice Presidents shall have such duties as shall he assigned 
by the President: neither shall have the right oi succession. 

Rule 8 - Duties of the Secretary 

The Secretary shall have custody and preserve all proposals, resolutions, committee re- 
ports and all other records, books, documents and papers of the Convention He shall not permit 
them to be taken out of his custody except in the regular course of the business of the Con vent ion. 

He shall certify and deliver to the Secretary of State the revisions, alterations or amend 
ments to the Constitution as approved by the Convention for submission to the elector.: 

The Secretary shall keep a journal of the proceedings of the ( 'onvention in conformity with 
the rules, supervise the daily publication thereof, and make such corrections as may be n 
He shall furnish each Delegate a copy of the proceedings of the previous day. The journal shall he 
considered the approved journal of the Convention, unless otherwise ordered thereby. The < 
vention Reporter shall keep a verbatim record of ( '(invention proceedings and shall, within the 
time prescribed by the Convention, provides verbatim transcript of all proceedings had in Con- 
vention, sessions and the sessions of the Committee of the Whole. 

He shall have such other duties as stipulated in these rules, but, after consultation with the 
President, he may delegate part of these duties to the Executive Director or another em pi" 
ignated by the President. He may not, however, delegate the duty of certifying the revisions, altera 
tions or amendments to the Constitution approved by the Convention for submission to the 
electorate. 

Rule 9 - Duties of the Executive Director 

The Executive Director of the Convention shall be primarily responsible for the admini- 
stration of the Convention under the authority and supervision of the President. 

Rule 10 - Vacancies 

If a permanent vacancy occurs in both the offices of President and First Vice President, the 
Secretary shall temporarily preside until the Coin cut ion elects a President and First Vice Presi- 
dent to fill the office in the same manner in which the officers were first elected. 

If a permanent vacancy occurs in the office of any of the other Vice Presidents or in the of- 
fice of the Secretary, the President shall appoint a member to exercise the (lowers of that \ 
office until the Convention fills the vacancy in the same manner in which the officer was first 
elected. 

Rule 11 - Employees of the Convention 

The Committee on Administration, after consultation with the President, shall appoint 
such employees as may be necessary for the effective operation of the Convention. The titles ol 
their positions and their salaries shall be established by the Convention. 



10 

CHAPTER III 
DELEGATES 

Rule 12 - Assignment of Seats 

The permanent seats of the Delegates shall be assigned by the President in the following 
order alphabetically from left to right while facing the Chair and from the front to the rear. Varia- 
tions in this seating mav be authorized by the President for the officers ofthe Convention. Ifa va- 
cancy occurs, the person selected to fill the vacancy shall continue to have the seat of the Delegate 

who vacated the position. 

Rule 13 - ('(induct in D.hatc - Questions of Privilege 

When any Delegate is about to speak in debate or to present any matter to the Convention, 
he shall rise from his seat and address himself to "Mr. President" except when in the Committee of 
the Whole ami then to "Mr. Chairman"; he shall not speak until recognized, and when recognized 
he shall con tine himself to the question under consideration and avoid personalities anil oi tensive 
language. Questions of privilege shall be governed by Chapter 23 of Mason's Legislative Manual. 

Rule 14 - Delegates (ailed to Order 

The President or any Delegate may challenge any other Delegate who. in speaking, vio- 
late.- the rules ofthe Convention. Upon such challenge, the President may order the speaker to sit 
down. The President's order to sit down, or the failure of the President to order the speaker to sit 
down may be appealed. 

Rule 15. - Dissent of Delegates 

Any two or more Delegates shall have the liberty to dissent from and protest in respectful 
language against any action or resolution relating to the Convention which they think injurious to 
the public or to any indi\ idual, and have the reasons for their dissent entered upon the .Journal. 

Rule K> - Times a Delegate May Speak 

Except as provided by Rule 28, no Delegate may speak more than once on the same question 
without leave of a majority of those present and voting unless he be the mover of the matter pend- 
ing or Chairman of the committee that reported it. in which case he shall be privileged to speak 
tw ice. 

Rule 17 - General Limit on Debate 

No 1 )elegate shall speak longer than ten minutes at any one time, nor more than once on the 
same question, except by leave of the Convention; except that the Delegate handling a proposal 
shall have the right to speak no longer than five minutes to close debate, even if the previous ques- 
tion has been ordered and even if he has spoken once before on the issue. The restriction imposed 
by this rule shall not be applicable to Chairmen and vice Chairmen of committees when the latter 
are presenting a report of their committee to the Convention or to the Committee ofthe Whole, and 
tin same exemption from the requirement of this rule shall also be applicable in the case ofthe 
chief spokesman for a minority report of a committee ofthe Convention. Any Delegate shall have 
one minute to explain his vote on any roll call vote on proposals or amendments to proposals any- 
time prior to the closing of the vote on the question. 

Rule 18 - Absence of Delegates 

No Delegate shall absent himself from the sessions of the Convention unless he have leave 
or be sick, or his absence be unavoidable. 

Rule 15) - Contemptuous Behavior of Delegates 

Any Delegate who persists in disorderly conduct after being warned by the President or 
Chairman ofthe Committee ofthe Whole, that he is out of order, may. by motion duly made and 
carried by a two-third's majority ofthe Delegates elected, be held in contempt and be required to 
purge himself of such misconduct; and until such Delegate has purged himself, he shall not be 
entitled to the privileges of the floor. 

Rule 20 - Disclosure of Personal Interest 

Any 1 )elegate who has a significant personal or private interest, economic or otherwise, in 
a matter before the Convention shall disclose this interest to the Convention. 



1 1 

Rule 21 - Vacancies 

Vacancies occuring in the Convention shall be filled in the manner provided lor filling va- 
cancies in the legislative assembly as provided in Sections 13-215 and 13 216, R.< \M . 

Rule 22 - Compensation of Delegates 

For each day of tin- organization, plenary and signing sessions of the Convention, 1 
gates shall be paid the same per diem and expenses as provided in Section -1 R.C.M., 1947, lor 

members of the legislative assembly. Delegates shall be entitled to mileage tor three trip- t<. and 
from their residences and Helena by the nearest traveled route at the rate provided for the li 
tive assembly in Section 4:v:SH), R.C.M., lit 17. 

The President and First Vice President shall he paid the same per diem and expenses as the 
President of the Senate and Speaker of the House of Representatives, as provided in Section 4 
R.C.M., 1947. 



CHAPTER IV 
COMMITTEE OF THE WHOLE 

Rule 23 - Committee of the Whole 

All proposals reported by any Substantive ( 'ommittee of the ( Convention shall he referred 
to the Committee of the Whole and become general orders to he placed upon the calendar and agen- 
da of the Committee of the Whole by the President. No committee proposal shall he considered by 
the Committee of the Whole until forty-eight I 18) hours alter the duplicated committee proposal 
has been placed on the Delegates' desks, unless t lie Convention agrees to its earlier consideration. 
No committee proposal shall be placed on the 1 (elegates' desks until after it has been reported to the 
Convention under Order of Business No. I. 

Rule 24 - Consideration of Proposals 

When the Convention reaches consideration of general orders of the day, it shall resolve it- 
self into Committee of the Whole. General orders shall be considered as follows: first, m order of re- 
ferral, proposals of the Committee on Style; second, in order of referral, proposals of Substantive 
Committees. The Committee of the Whole may consider a particular proposal out of turn. No re- 
corded roll call vote shall be taken, except upon the demand of five (5) Delegates. 

Rule 25 - Amendments in Committee of the Whole 

Every motion or amendment shall be reduced to writing if the President or any I )elegateshall re- 
quest it, and shall be entered upon the -Journal, together with the name of the I >elegate making it. 
unless the motion is withdrawn by the maker or is ruled out of order by the Chairman. 

Rule 26 - Motion that Committee of the Whole Rise 

A motion that the Committee of the Whole rise and report progress shall always be in order 
unless a member of the Committee is speaking or a vote is being taken, and such motion shall lie 
decided without debate by a vote of a majority of those present and voting; and provided further. 
when the Committee of the Whole again sits, the subject under consideration prior to the motion to 
rise and report progress shall again be resumed. 

Rule 27 - Reconsideration 

A motion to reconsider shall be in order in the Committee of the Whole by a majority \ 
those present and voting, before the Committee shall rise and finally report. A motion to reconsider 
shall not be renewed. 

Rule 28 - Application of Convention Rules 

The rules of the Convention shall be observed in the Committee of the Whole so far as they 
may be applicable except that; the Committee of the Whole cannot adjourn the Convention, the 
previous question shall not be ordered; a majority vote is necessary to approve a proposal; the Com- 
mittee may rerefer any proposal back to the Substantive Committee from which it came or may 
refer it to any other Substantive Committee; and a motion to postpone indefinitely or a motion to 
table or for a Call of the Convention shall not be in order. A member may speak more than once in 
the Committee of the Whole. A journal of its proceedings and a verbatim transcript of its debates 
shall be kept by the Committee of the Whole. 



L2 



Rule 29 - Limitation of Debate 

,,,. , proposal is taken up by the Committee of the Whole, any Delegate shall be privi- 
leged t() move that a limitation be placed upon the time of the debate and consideration of such pro- 
lhe ( omm ' he Whole, provided that equal time is to be afforded to the proponents 

and the opponents ol such proposal, and the ( 'ommittee may fix in advance of consideration of a 
proposal or proposals a nine tor Committee to rise and report progress. 



CH AFTER V 
COMMITTEES 

Rule 30 - Substantive Standing Committees 

The Substantive Standing < 'ommittees are: 
Bill ot Rights 
I .egislative 
Executive 
Judiciary 
I .oral ( tovernmenl 

and finance 
Education and Public Lands 
Public Health. Welfare, Labor and Industry 
Natural Resources and Agriculture 
General Government and Constitutional Amendment 

Rule :51 - Procedural Standing Committees 
The Procedural Standing Committees are: 
Administration 
Public Information 
Rules and Resolutions (Rules) 
Style, Drafting, Transition and Submission (Style) 

Rule .V2 - President Kx Officio Member of All Standing Committees 

The President shall be an ex officio member of all standing. Substantive, and Procedural 
Committees, but shall not vote except to break a tie and shall not be counted for the purpose of 
determining a quorum. 

Rule 33 - Select (ommittees 

The President may on his own initiative or at the direction of the Convention appoint such 
select committees as may be necessary to perform special functions. 

Rule 34 - Appointment of Committee Members 

The President, after consultation with the Vice Presidents shall appoint the committee 
members, but any appointment, on the announcement thereof, may be rejected by a majority ot the 
members of the Convention prior to adjournment on -January 19, 1972. Each member, except the 
President, shall be appointed to serve on one Substantive Standing Committee. 

Rule 35 - Appointment of Committee Chairmen and Vice Chairmen 

The President, after consultation with the Vice Presidents, shall designate the Chairman 
and Vice ( Chairman of every committee, and his designees shall be subject to the approval by a 
majority of the members of the Convention. In case of a vacancy or the prolonged absence of the 
Chairman and Vice Chairman, the President of the ( '(invention shall appoint a Chairman to act 
until the Chairman or Vice Chairman shall return. The Vice Chairman shall perform all of the 
duties and functions of the Chairman in the absence of the Chairman. Committee Chairman and 
vice Chairman shall vote on all items before the Committee the same as other Delegates. 

Rule ;i<i - Quorum and Rules of (Ommittees 

A majority of any Committee constitutes a quorum, but the question of the presence of a 
quorum of a Committee may not be raised on the consideration of a proposal before the Conven- 



tion, unless the question has been raised before the ( :ommittee. The rules ol the I "omentum shall 

be observed in all Committees as far as maj be applicable, and, if appli( 

pended. 

Rule 37 - Calling of Committees and Agenda 

Each Committee shall unci at the call of its Chairman, who shall also set its agenda, with 
the advice and consent of the Committee. Any three (.3) membei immitteema\ in writing re- 

quest the Chairman toe-all a meeting of that Committee, and upon his failure to do so within 
eight (48) hours not including nonsession days and legal holidays, a majority of the members of the 
Committee shall have the right to call a meeting of the < Committee and set its agenda and plai 
meeting under the appropriate notice requirements. Each Delegate proposal referred toa< 'ommit- 
tee must appear on the Committee's Agenda at least once, but the ( Committee shall not be required 
to report to the Convention thereon except as provided in Rule 11. 

Rule .'58 - Notice of Committee Hearings 

No Substantive Committee hearings may be held unless notice thereof is 
lowing manner: the Secretary of the ( Convention shall be furnished an original and thre< 
of a written notice, signed by the Chairman or members of the Committee calling the hearing. The 
notice shall state the date, hour, and the place of the proposed hearing and the proposal numbi 
subject matter to be considered. The Secretary shall post one copy thereof on a designated bulletin 
board with an endorsement thereon of the hour and date of the posting, which may not be less 
3 days before the time of the hearing. The original notice shall be retained by the Secretary'- The 
other copies shall be returned to the Chairman of the < 'ommittee and the Public Information 1 >i 
tor with the endorsement of the Secretary. The Substantive Committee Secretary shall deliver a 
copy of the notice to all members of the < 'ommittee and to all members of the ( 'on vent ion who have 
introduced proposals on the subject matter to be considered. 

Each Substantive Committee shall hold a public hearing at winch time citizens of Mon- 
tana will be invited to appear and testify, and file statements containing their testimony and 
views, upon any and all phases of the proposed constitution being considered by such Committee. 
Such witnesses may be questioned by Committee members to better elucidate their testimony. All 
1 lelegates to the Convention, not members of the Committee conducting the hearing, may attend 
the hearing as auditors, to better inform themselves of the Committee's progress 

The Substantive Committees will hold their hearings, designed to secure state- wide partici- 
pation in deliberations on the Constitution, in a series at times fixed by the President of the Con- 
vention. The President will make such announcement and invitation via the news media so that 
Montana citizens near and far will have no less than five (5) days' notice so they may be ab 
avail themselves of an opportunity to appear, testily and participate. 

These state-wide general hearings will in noway inhibit Standing Committees to follow up 
with additional hearings of special character as provided elsewhere in this rule. 

Rule 39 - Sitting of Committees During Sessions of the Convention 

No Committee shall sit during the sessions of the ( Convention or of the ( 'ommittee of the 
Whole, without having first obtained special leave of the Convention. 

Rule 40 - Subcommittees 

A Committee, by the affirmative vote of a majority of its members, may provide for the ap- 
pointment by the Committee Chairman of subcommittees composed of members of the committee. 
Reports of subcommittees shall be considered by the entire Committee before the Committee rec- 
ommends any action thereon by the ( Convention. All rules applicable to( Committees shall be appli- 
cable to subcommittees. 

Rule 41 - Committee Proposals 

The affirmative vote of a majority of the members of a Committee shall be necessary to re- 
port a proposal out of Committee. A Committee by a majority of its members may submit all 
tive proposals to the Convention and may report proposals with or without a recommendation for 
action. The proposal of a minority of at least twenty-five percent (25 I of the members of any Com- 
mittee shall be received, duplicated in the same manner as the majority proposal, and treated 
amendment or substitute offered to or for the report of the committee if offered as such on the floor. 

All proposals reported by a Committee to the Convention shall be reported as Committee 
proposals and shall be referred to the Committee of the Whole. 



1 1 

Rule 12 - Committee Meetings and Hearings 

All ( "ommittee and subcommittee meetings and hearings shall be open to the public and 
,| 1( . newS j n nittees and subcommittees shall hold meetings at which action may be taken 

on proposals in the city of Helena or any other place which may be temporarily the seat of the Con- 
vention, and. upon the affirmative vote of a majority .if the members of the Committee and after 
consultation with and approval by the President, may hold hearings at any other place in the 
imittees and subcommittees may take testimony under oath of affirmation. The Chair- 
man of a ( 'ommittee or subcommittees may request the President of the ( '(invention to subpoena 
documents and vvitneses. A witness shall have the right to be represented by counsel of his own 
choosing. A recorded roll call vote on any matter on the agenda of a Committee and on which a vote 
is to be taken shall be taken on demand of any mem her of the Committee. A < Committee, after con- 
sultation with and approval by the President, may direct that a verbatim record be kept of any por- 
tion nt its proceedings. 

Committees may meet jointly with the consent of their respective ( 'hair men, and the con 
sent nt the President. 

Rule I'S - Consideration of Proposals Without Committee Recommendation 

rone day's notice the Convention, on motion passed by the affirmative vote of a major- 
■ \ ol members, may require a Committee to return, with or without a recommendation, any pre- 
ferred to the ( 'ommittee. 

Rule 1 I - Past Day for (ommittee Proposals 

The Committee of the Whole will receive no final proposal of a Substantive ( 'ommittee after 
the deadline established under Pule 79. 

Hulc 15 - Power to Incur Expenses 

No I delegate or ( 'ommittee shall incur any expense chargeable to the Convention unless 
such expense is approved by the President or is authorized by resolution of the ( '(invention. No 
motion or resolution calling for an expenditure of money shall be acted upon by the Convention 
without first being referred to the .Administration Committee for consideration and recom- 
mendat ion. 



CHAPTER VI 
DELEGATE PROPOSALS, RESOLUTIONS AND CITIZEN 

SUGGESTIONS 

Rule 46 - Proposals - Introduction 

Any suggestion, proposition or draft intended to become apart of any revised constitution 
or amendment or alteration of the existing constitution which is introduced by one or more Dele- 
gates shall he called a Delegate Proposal. A Delegate Proposal shall be endorsed by the Delegate 
or Delegates introducing it. No Delegate Proposal may be introduced later than the deadline estab- 
lished under Rule 79. When a Delegate Proposal is introduced it shall be referred by the President 
to the proper Standing Committee, except when he refers it to the Committee on Rules and 
Resolutions to determine whether its content is on the appropriate order of business. By vote of at 
least one t hird (1 3) of t he Committee on Rules and Resolutions any proposal shall be referred to a 
Standing Committee. 

Where a proposal embraces subject matter which falls within the proper consideration of 
several Committees, the President, where practicable, shall divide the proposal and refer the parts 
to the appropriate committees; if it is not subject to such division, the President shall refer it to an 
appropriate Committee with instructions to consult with other Committees on related matters. 

Rule 17 - Forms 

The Executive Director, under the supervision of the President, shall prepare forms in ac- 
cordance with these rules for I )elegate Proposals. Citizen Suggestions, Resolutions and Committee 
Proposals. 

The Delegate Proposals shall be reproduced or duplicated. The original of all proposals 
shall remain in the custody of the ( '(invention. The Secretary shall, as soon as any proposal is re- 
produced or duplicated, place it on the desks of the Delegates. 



All proposals must be approved as to form by some person or agency designated by the 
President before being introduced or submitted. 

Any Delegate Proposal which does not comply with the provisions of these rules as to form 
shall be referred to the appropriate Committee as a Citizen Suggestion. 

Rule 48 - Resolutions 

Resolutions may be introduced by Delegates or Commit! 

Delegate resolutions shall be given to the Secretary, assigned a number and referri 
appropriate Committee by the President. 

After consideration, the Committee shall report the resolution I onvention with or 

without recommendation and the resolution shall be considered under ( >rder of Business No. 1. 

If the rules are suspended for early consideration the Secretary shall read the resolution 
and it shall be considered under Order of Business No. 7. 

Committee resolutions shall be read by the Secretary under Order of Business No. 7 and 
considered under Order of Business No. 7. 

No recorded roll call vote shall be taken under the consideration of resoluti 

Rule 49 - Citizen Suggestions 

Any subject matter presented to the constitution suggested by a non-delegate shall be call- 
ed a citizen suggestion. 

Citizen suggestions shall be given a number by the Secretary and the original shall be re" 
ferred by the President to the appropriate Committee for consideration but need not be placed on 
the agenda of the Committee. 

Before the Convention adjourns sine die, the original shall be returned to the Convention 
Secretary. 

Rule 50 - Present Constitution - Referral 

The President shall refer each section of the present Montana Constitution to the appropri- 
ate Committees. 

Rule 51 - Order of Consideration of Proposals 

The prescribed order in which proposals introduced in the Convention are to be cons m 
shall be as follows: 

Introduction. Delegate proposals shall be filed with the Secretary. 

Delegate proposals shall be assigned a number by the Clerk, referred to the appropriate 
Committee by the President, duplicated and distributed to the Delegates. 

Standing Committee Consideration. Standing Committees shall consider all 1 )elegate 
Proposals referred to the Committee, prepare Committee Proposals, report Committee Proposals 
under Order of Business No. 1; Committee Proposals will be received by the Convention without a 
debate or vote. The President shall refer all Committee Proposals to the Committee of the Whole. 
The Committee Proposal shall be duplicated and distributed to the 1 )elegates. Minority Committee 
Proposals signed by twenty-five percent (25%) of any Committee will be duplicated and referred to 
to the Committee of the Whole. 

Committee of the Whole Consideration. Committee Proposals will be considered, de- 
bated and amended by the Committee of the Whole in order of reference and placed on General 
Orders of the Day. 

The Committee of the Whole shall debate and adopt by section the Committee I'm; 

The Committee of the Whole shall report to the ( 'onvention under Order of Business No. 7 
and refer the proposed Article to the Committee on Style. Amotion to segregate a report of the Com- 
mittee of the Whole shall not be in order. 

Consideration and Report of the Committee on Style - Articles. The Commit b 
Style shall make only changes as to style, form and grammar. The report of the Committee on Style 
on each Article shall be made on Order of Business No. L. The report shall be received by the Con 
vention without debate or vote and the President shall refer the report to the Committee of the 
Whole. The report shall be duplicated and distributed to the Delegates. 

Committee of the Whole Consideration of the Report of the Committee on Style. 
The report of the Committee on Style shall be considered, debated and amended by the ( lomm 
of the Whole section by section as to style, form and grammar. The report of the ( lommittee oft he 
Whole shall be referred to Order of Business No. 5 for final consideration. 

Final Consideration of Articles. The Convention shall finally consider individual Ar- 



16 

tides al I >rdei oi Business No. 5, Section by Section, by a majority of elected Delegates and refer 
said Articles to the < 'ommittee on Style for incorporation in the proposed ( '(institution. 

Consideration and Report of tin- Committee on Style of Proposed Constitution 

and Ballot. 1 he< Committee on Style shall prepare for submission to the electorate the proposals of 
mvention and a ballot. The report of the ( 'omnuttee on Style on its proposals shall be made 
on ( )rder of Business No. 1 and shall be received by the Convention without debate or vote and the 
President shall refer the report to the < Committee of the Whole. The report shall be duplicated and 
distributed to the I (elegates. 

( Committee of the Whole Consideration of Proposed Constitution and Ballot. The 
proposal "ii the Committee on Style shall be considered only as to the form of the proposed con- 
stitution and the form and the style of ballot. The report of the ( 'ommittee of the Whole shall be re- 
ferred to ( >rder of Business No 6. The vote on < )rder of Business No. 6 shall be without debate and 
be a recorded roll call vote of the Delegates. 

Enrolling. The President shall direct the enrol ling of the final proposal or proposals of the 
( Convention. 

Signing of the Constitution. The enrolled copy shall he signed by the President, attested 
by the Secretary and then signed by the other Delegates in alphabetical order. 

Rule .12 - Required Vote on Final Consideration and Adoption 

( )n final consideration of committee proposals, a roll call vote shall be taken section by 
section and entered in the journal. 

On Adoption of the proposed constitution and ballot, a roll call vote shall betaken on the 
proposed constitution and on the ballot, and shall be entered in the Journal. 

Rule .">;{ - Unfinished Special Orders 

Any subject matter which has been made a special order for a particular day, but which is 
not reached on that day, shall then come up for consideration under the order of "unfinished busi- 
ness" at the next succeeding session of the Convention. 



CHAPTER VII 
TRANSACTION OF BUSINESS 

Rule 54 - Order of Business 

AKTKK CALL TO ORDER, INVOCATION AND ROLL CALL the order of business of the 
Convention shall be as follows: 

1. Reports of Standing Committees 

2. Reports of select Committees 

3. Communications 

4. Introduction and reference of Delegate Proposals 

5. Final consideration of Proposals 

6. Adoption of proposed constitution and ballot 

7. Motions and resolutions 

8. Unfinished business 

9. Special orders of the day 

1(1. General Orders of the Day (Committee of the Whole) 

11. Committee announcements and notices 
To revert to or pass to a new Order of Business requires only a majority vote. Unless other- 
wise specified in the motion to recess, the Convention shall revert to Order of Business No. 1 when 
reconvening alter a recess. 

Rule 55 - Roll Call 

The Secretary shall call the roll at the opening of each session of the Convention and the 
President shall announce whether a quorum is present. The President shall announce, and the 
Secretary shall enter in the Journal, the names of the Delegates absent with leave of the Conven- 
tion, and the names of the Delegates absent without such leave. Vote by machine may be taken 
whenever a roll call or a vote by ayes and nays is directed by or in accordance with these rules. 



17 

Rule 56 - Petitions - Entered in Journal 

No memorial, remonstrance, or petition shall be read or be entered in full in the Journal, un- 
less ordered read or entered in the -Journal by the Convention. 

Rule 57 - Motions 

When a motion is made, it shall be stated by the President; or, if in writing, it shall be I 
ed to the clerk and read aloud to the Convention before being debated. 

Rule 58 - Reduced to Writing 

Every motion or amendment shall be reduced to writing it the President or any Delegate 
shall request it, and shall be entered upon the Journal, together with the name of the 1 lelegate mak 

ing it, unless the motion is withdrawn by the maker or is ruled out of order by the President. 

Rule 59 - Withdrawal of Motions 

After a motion has been stated by the President or read by the Secretary, it shall bedeemed 
to be in the possession of the Convention, but it may be withdrawn by the Delegate atany time be- 
fore being amended or put to vote. 

Rule 60 - Privileged Motions 

When a question is under debate, no motion shall be received except 

1. To fix the time to which to adjourn 

2. To adjourn 

3. To take a recess 

4. To reconsider 

5. To lay on the table 

6. For a Call of the Convention 

7. To move the previous question 

8. To limit debate 

9. To postpone to a day certain 

10. To commit 

11. To amend 

12. To postpone indefinitely. 

The motions listed in this rule shall take precedence in the order which they stand ar- 
ranged. All of them shall be decided by the affirmative vote of a majority of those present and vot- 
ing, except that a motion for the previous question requires the affirmative vote of two thirds oi 
those present and voting and a motion to postpone indefinitely requires the affirmative vote of a 
majority of elected Delegates. When a recess is taken while a question is pending, consideration of 
such question shall be resumed when the Convention reassembles, unless it determines otherwise. 
No motion to postpone to a day certain, or to commit, having been decided by tint 'on vent ion. shall 
again be in order on the same day or at the same stage of the question. Whenever a proposal is 
being considered and a motion is then made, either to postpone indefinitely or to commit, amend 
ments to the pending proposal shall first be in order before any vote is taken on any such motion. 

Rule 61 - Motions not Debatable 

Amotion to adjourn is always in order except when a motion to fix the time to which toad 
journ, or a motion to amend the calendar and agenda, is pending. A motion to adjourn, a motion to 
lay on the table, a motion for recess pending the consideration of other business and all matters 
lating to questions of order, shall be decided without debate. 

Rule 62 - Order of Putting Questions 

All questions shall be put in the order in which they are moved, except in the case ol privi- 
leged motions. 

Rule 63 - Amendments must be Germane 

No motion or proposition relating to a subject different from that under consideration shall 
be admitted under color of an amendment or substitute. 

Rule 64 - Division of Question 

Any Delegate may call for a division of the question, which shall be divided it it includes 
propositions which are so distinct in substance that when one is removed or deferred, a substantive 

proposition remains for the decision of the Convent ion Amotion to strike out and insert shall not 
be subject to division within the meaning of this rule. 



Rule ()."> - Previous Question 

The method ol ordering the previous question (which shall not be made in the Committee of 
the Whole) shall be as follows: Any Delegate may move the previous question and, unless other- 

tated, the motion shall apply to the immediately pending question only. The presiding officer 
shall put the question. "Shall the mam question now be put?" This shall be ordered only by the 
affirmative vote of two thirds (2 3) of the Delegates present and voting. Prior to the ordering of the 
same, a Call of the < 'onvention may be moved and ordered, but after ordering the previous question 
nothing shall be in order prior to the decision of the pending question or questions, except demands 
for the ayes and nays, points of order, appeals from the decision of the ( 'hair, and a motion to ad- 
journ or to take a recess, all of which shall he decided without debate. The effect of ordering the pre- 

question is to put an end to all debate and bring the Convention to a direct vote upon the im- 
mediately pending question, and such other pending questions as were specified in the motion in 
their order down to and including the main question; provided however, that when the previous 
question is ordered, amendments then on the Secretary's desk shall be acted upon. When a motion 
to reconsider has been taken under the previous question and decided in the affirmative, the fact 
that the previous question had been ordered shall have no operation or effect with respect to the 
question tor which reconsideration has been ordered. If the ( (invention refuses to order the pre- 
vious question, it shall resume consideration of the pending subject as though no motion for the 
previous question had been made. 

Hull 1 (i(> - Motion for Reconsideration 

Any Delegate who voted on the prevailing side may move for a reconsideration of any 
question at the same session day of the ( (invention or may give notice that he will make such a 
motion not later than the next succeeding session day. If the Delegate who gave the notice does not 
make the motion at the next succeeding session day, any Delegate may do so. The Committee on 
Style may move tor reconsideration on any subsequent day if one session day's notice of its inten- 
tion to do so is given in writing to the Secretary and entered upon the Journal. A motion to recon- 
sider shall take precedence over all other questions, except a motion to fix the time to which to ad- 
journ, a motion to adjourn and a motion to recess. A motion to reconsider shall not be renewed. 

Rule (i7 - Ordering Calls of the Convention 

Calls of the Convention may he ordered upon motion by the affirmative vote of a majority 
of the Delegates present and voting, hut the total vote in favor of such Call shall not be less than 
twelve (12). 

Rub' 68 - Procedure on Call of Convention 

After a Call of the Convention is ordered the doors shall be closed and the Delegates shall 
not be permitted to leave the floor of the Convention without permission of the President of the 
Convention. The Sergeant at Arms shall notify all members within the bar of the Convention of 
the Call. The roll of the ( (invention shall be called and the absentees noted. The Sergeant at Arms 
may, upon motion, be dispatched after the absentees. In such case, a list of the absentees shall be 
furnished by the Secretary to the Sergeant at Arms, who shall bring such absentees to the floor of 
the Convention with all possible speed. In case the Sergeant of Arms requires assistance in addi- 
tion to the regularly appointed assistant Sergeants at Arms ofthe Convention, the President, upon 
motion, may deputize as a special assistant Sergeant at Arms any person properly qualified. The 
( (invention may proceed to business under a Call of the Convention pending the arrival of any ab- 
sent i 



CHAPTER VIII 
LOBBYISTS 

Rule 69 - Registration and Regulation 

if the Enabling Act regulating lobbying during the Montana Constitutional 
Convention is adopted by t his ( 'onvention by reference. Lobbying on the floor and foyer ofthe Con- 
vent ion Hall and South Senate Lobby is prohibited one-half ( Vi) hour prior to the commencement of 
the session, during the session and within one-half I J hour after adjournment. 



CHAPTER IX 
MISCELLANEOUS 

Rule 70 - Reading of Documents 

When the reading of a document is called for and an objection is rais< h reading, the 

Convention shall determine without debate whether the document shall be read. 

Rule 71 - Putting the Question 

The President or Chairman shall put all questions substantially in this form: "As many as 
are in favor of (as the question may be) say 'aye';" and after the affirmative vote is expressed, "as 
many as are opposed say 'no'." If the President or Chairman is in doubt as to the- vote, he may order 
a division or roll call of the Convention. 

A division of the Convention may be had upon the demand of five (5) Delegates. Wh( 
division of the Convention is ordered, the President shall declare the result. 

A recorded roll call may be had upon the demand of five (5) Delegates. 

On a tie vote the question shall be determined as lost. 

Rule 72 - Recognition During Roll Call 

After a question has been stated by the President, and the call of the roll has been started, 
the President shall not recognize a Delegate for any purpose except upon points of order, or for the 
purpose of explaining his vote on a proposal or amendment thereto, until after the announcement 
of the vote. The clerk shall enter upon the Journal the names of those voting "aye" and the names 
of those voting "no." 

Rule 73 - Roll Call 

At the roll call to betaken at the opening of each session and upon calls of the Convention, 
the names of the Delegates shall be called alphabetically or the voting machine shall be used, and 
the absentees noted, after which the names of the absentees shall not be called. 

Rule 74 - Amendment or Suspension of Rules 

These rules may be amended by the affirmative vote of a majority of Delegates after the 
proposed amendment has been submitted in writing, has been considered by the Committee on 
Rules, and has been in the possession of the Delegates not less than two (2) session days prior to its 
consideration. The Committee on Rules may be discharged from further consideration of any pro- 
posed amendment upon the same notice and by the same vote as is provided in Rule 43 for pro- 
posals. One or more rules may be suspended for a specified purpose by the affirmative vote of two- 
thirds (2 3) of the Delegates present or a majority of all Delegates of the Convention, whichi 
constitutes the lesser number. 

Rule 75 - Appeals - Form of Question 

On all appeals from decisions of the Chair the question shall he "Shall the appeal lie sus- 
tained?" A favorable vote of a majority of the Delegates present and voting shall sustain the 
appeal. The presiding officer may cast his vote on an appeal from his decision, and he shall have 
the right to explain his decision. 

Rule 76 - Mason's Rules on Legislative Procedure 

In all cases not covered by these rules, the controlling parliamentary authority shall be the 
latest edition of Mason 's Rules of Legislative Procedure. 

Rule 77 - Voting by the Electrical Roll Call System 

When the Convention is ready to vote upon any question requiring a recorded roll call, and 
the vote is to be taken by the electrical roll call system, the presiding officer shall announce: "The 
question is on the passage of (designating the matter to be voted upon >. All in favor of such ques- 
tion shall vote 'aye', all opposed shall vote "nay - . The Convention will now proceed to \ 

After affording the Delegates sufficient time in which to vote, the presiding officer shall 
announce "Has every Delegate voted?" then, "Does any Delegate wish to change his vote?" and 
after a short pause he shall then say "The vote is now closed and the clerk shall proceed to record 

the vote." , . 

The clerk shall immediately start the vote recording equipment, and when completely re- 
corded, the President shall announce the result. The Secretary shall enter upon the Journal the 
result in the manner provided by the Rules of the Convention. 



I'll 

No 1 lelegate maj casl the vote of another 1 )elegate in any session of the Convention, Com- 
mit ice of the Whole or Committee meeting, nor shall any person not a Delegate cast a vote for any 
1 >elegate. Any I >elegate who voles or attempts to vote for another Delegate may be punished in 
such manner as the Convention determines. If a person not a Delegate votes or attempts to vote for 
any Delegate, he shall be barred from the floor of the ( '(invention for the remainder of the session 
and may be further punished in such manner as the ( 'omentum determines proper. Proxy voting 
is not permitted 

At no time shall the voting machine show a running tally of the votes being cast by Dele- 
gates, and the colored lights next to the Delegates names shall he used at all times. 

Rule 7K - "Present" Votes 

Votes cast as "present" shall be recorded in the Journal as "present," but such votes shall 
not he counted in determining the required number of votes on those measures or questions need- 
ing the affirmative vote of those "present and voting." 

HuU' 7i» - Convention Schedule 

The ( (invention shall have a schedule, which shall he prepared by the President, with the 
advice of the Committees on Rules and Administration and submitted to the Convention for its 
approval. Said schedule shall be attached to these rules as an appendix. 

Rule 80 - Pairing 

Two delegates may pair on a proposal before the Convention under Orders of Business No. 
5 and No. 6. Pairing is permitted only when one of the paired delegates is absent when the vote is 
taken. 

An agreement to pair must be in writing and dated and signed by the delegates agreeing to 
be hound, must specify the duration of the pair, and must be filed with the Secretary. The pair shall 
hind the delegates signing until the expiration of time for which it was signed, unless the paired 
delegates sooner appear and ask that the agreement be cancelled. 



21 



COMMITTEES 
Procedural Committees 



Administrative 

John H. Toole 

Chairman, ex officio 
Dorothy Eck 

Vice Chairman, ex officio 
Jean Bowman 

Secretary, ex officio 
Mike McKeon 
Noel D. Furlong 
Robert B. Noble 
Rod Hanson 
Clark E. Simon 
Sterling Rygg 
Louise Cross 

Secretary - Bartley Carson 

Rules and Resolutions 

Marshall Murray 

Chairman 
Leslie "Joe" Eskildsen 

Vice Chairman 
Grace Bates 
Miles Romney 
Marian S. Erdmann 
Thomas M. Ask 
Thomas F. Joyce 

Secretary - Alice Berner 



Style, Drafting, Transition and 

Submission 
John M. Schiltz 

Chairman 
William A. Burkhardt 

Vice Chairman 
David I.. Holland 
Virginia II Blend 
Chet Blaylock 
Richard B. Roeder 
Lucile Speer 
J.C. < '.arlington 
Jerome T. Loendorf 
Hen E. Berg, Jr. 
Robert Lee Kelleher 

Secretary ■ Betty Nelson 

( !ounsel 1 >iana 1 (owling and 
Sandra Muckelston 

Consultant - Prof. Gardner Cromwell 

Public Information 

John H. Toole 

1st Chairman replaced by 
Margaret S. Warden 

who was Vice Chairman 
Fred J. Martin 

became Vice Chairman 
Bruce M. Brown, ex officio 
M. Lynn Sparks 
Robert Vermillion 
Richard J. Champoux (Rick) 
Catherine Pemberton 
Robert F. Woodsmansey 
Carl M. Davis 
Katie Payne 
Daphne Bugbee 
Betty Babcock 



22 



Substantive Committees 



Bill of Rights 

Wade •). Dahood 

Chairman 
Chet Hlaylmk 

Vice < 'hainnan 
( leorge H. James 
I. vie K. Mini! 

.11 K. Mansfield 
Veronica Sullivan 
Marshall Murray 
R S Bob) Hanson 
Boh Campbell 
1 >onald R. Foster 
Dorothy Eck 

irch Analyst 
Rick Applegate 

Secretary 1 >arlene Corbin 



.Judiciary 

1 )a\ id L. Holland 

( 'hairrnan 
Catherine Pemberton 

Vice Chairman 
J. Mason Melvin 
Leslie "Joe" Kskildsen 
Rod Hanson 
( 'e.lor B. Aronow 
John M. Schiltz 
Jean M. Bowman 
Ben E. Berg, Jr. 

Research Analyst • 
Sandra Muckelston 

Secretary - Ellen McCarthy 



Executive 

Thomas F. Joyce 

Chairman 
J.C Garlington 

Vice Chairman 
Richard R. Roeder 
Harold Arhanas 
Margaret S. Warden 
Archie ( ). Wilson 
Betty Babcock 
Fred J. Martin 
James R. Felt 

irch Analyst - 
Karen Beck 

Secretary ■ Barbara Lester 

Legislative 

Magnus Aashiem 

Chairman 
Jerome T. Loendorf 

Vice Chairman 
Carman Skan 
Daphne Bugbee 
Miles Romney 
Jerome J. ( 'ate 

( teorge Harper 

Mae Nan Robinson 
Richard A. Nutting 
Torrey B. Johnson 
Arlyne E. Reichert 
Robert Lee Kelleher 
Grace Bates 
John H. Leuthold 
Research Analyst - 
Rich Bechtel 

etary ■ Judy Pratt 



Local Government 

Oscar L. Anderson 

Chairman 
Virginia H. Blend 

Vice Chairman 
Franklin Arness 
George W. Rollins 
M. Lynn Sparks 
Katie Payne 
Thomas M. Ask 
Marian S. Erdmann 
Lucile Speer 
Arnold W. Jacobsen 
Clark E. Simon 

Research Analyst - 
Jerry Holloron 

Secretary - Pat Romine 



Natural Resources and 
Agriculture 

Louise Cross 

Chairman 

E.S. "Erv" Gysler 

Vice Chairman 
Geoffrey L. Brazier 
Henry L. Siderius 
John H. Anderson, Jr. 
A.W. Kamhoot 
Douglas Delaney 
Charles B. McNeil 
Donald Rebal 

Research Analyst - 
Chuck Sullivan 

Secretary • Elaine Rung 






Revenue and Finance 

Sterling Rygg 

Chairman 
Maurice Driscoll 

Vice Chairman 
Mike McKeon 
William "Bill" Artz 
Russell C. McDonough 
Roger A. Wagner 
Dave Drum 
E.M. Berthelson 
Noel D. Furlong 

Research Analyst - 
Roger Barber 

Secretary - Karen Holliday 



Education and Public Lands 
Richard J. (Rick) Champoux 

Chairman 
Robert B. Noble 

Vice ( hairman 
Carl M. Davis 
Marjorie ( lain 
Max Conover 
Gene Harbaugh 
Lloyd Barnard 
Dan W. Harrington 
Robert F. Woodmansey 
William A. Burkhardt 
John H. Toole 

Research Analyst - 
Bruce Sievers 

Secretary - Sally Watson 



Public Health, Welfare, Labor 
and Industry 

George B. Heliker 

Chairman 
Jack K. Ward 

Vice Chairman 
Joseph H. McCarvel 
Edith Van Buskirk 
William H. Swanberg 
Don Scanlin 
Charles H. Mahoney 
R.J. Studer 
Research Analyst - 

Dick Spall 
Secretary - Sylvia Kinsey 



General Government and 
Constitutional Amendment 
Mark Etchart 

Chairman 
Paul K. Harlow 

Vice Chairman 
Robert Vermillion 
Peter "Pete" Lorello 
Don E. Belcher 
Lyman W. Choate 
Bruce M. Brown 
Otto M. Habedank 

Research Analyst - 
-Janet Grady 

Secretary - Bobbie Murphy 



24 



ALPHABETICAL LIST OF COMMITTEE 
ASSIGNMENTS 



Aasheim, Magnus 
Anderson, John H., Jr. 
Anderson, ( >scar L. 
Arbanas, Harold 
Arness, Franklin 
Aronow, Cedor B. 
Art/.. William H. (Bill) 
Ask, Thomas 

Babcock, Betty 

Barnard. Lloyd 
Hates. Grace C. 

Belcher, Don E. 

Ber^. Ben E., Jr. 

Berthelson, E.M. 
Blaylock, Chet 

Blend. Virginia H. 

Bowman, Jean M. 

Brazier. Geoffrey L. 
Brown, Bruce M 

Bugbee, Daphne 



Legislative, Chairman 

Natural Resources and Agriculture 

Local Government, Chairman 

Executive 

I .oral Government 

Judiciary 

Revenue and Finance 

Local Government 
Rules and Resolutions 

Executive 

Public Information 

Education and Public Lands 

Legislative 

Rules and Resolutions 

General Government and 
Constitutional Amendment 

Judiciary 

Style, Drafting and Transition 

Revenue and Finance 

Bill of Rights, Vice Chairman 
Style, Drafting and Transition 

Local Government, Vice Chairman 
Style, Drafting and Transition 

Convention Secretary 
Administrative, ex officio 
Judiciary 

Natural Resources and Agriculture 

Eastern District Vice President 
Public Information, ex officio 
General Government and 
Constitutional Amendment 

Legislative 
Public Information 






Burkhardt, William A. 

Cain, Marjorie 

Campbell, Bob 

Cate, Jerome J. 

Champoux, Richard J. (Rick) 

Choate, Lyman W. 

Conover, Max 
Cross, C. Louise 

Dahood, Wade J. 
Davis, Carl M. 

Delaney, Douglas 
Driscoll, Maurice 
Drum, Dave 
Eck, Dorothy 

Erdmann, Marian S. 

Eskildsen, Leslie (Joe) 

Etchart, Mark 

Felt, James R. 
Foster, Donald R. 
Furlong, Noel D. 



Education and Public Lands 
Style, Drafting and Transition, 
Vice Chairman 

Education and Public Lands 

Bill of Rights 

Legislative 

Education and Public Lands. Chairman 
Public Information 

General Government and 
Constitutional Amendment 

Education and Public Lands 

Natural Resources and Agriculture, Chairman 
Administrative 

Bill of Rights, Chairman 

Education and Public Lands 
Public Information 

Natural Resources and Agriculture 

Revenue and Finance, Vice Chairman 

Revenue and Finance 

Western District Vice President 

Bill of Rights 

Administrative. Vice Chairman, ex officio 

Local Government 
Rules and Resolutions 

Judiciary 

Rules and Resolutions, Vice Chairman 

General Government and Constitutional 
Amendment, Chairman 

Executive 

Bill of Rights 

Revenue and Finance 
Administrative 



Garlington, J.C. 



Graybill, Leo, Jr. 



Executive, Vice Chairman 
Style, Drafting and Transition 

President of Convention 
All committees - ex officio 



26 

( lysler, E.S. (Erv) 

Habedank, Otto T. 

Hanson. R.S. (Hob) 
Hanson. Rod 

Harbaugh, Gene 

Harlow. Paul K. 

Harper, ( leorge 
Harrington, Daniel W. 
Heliker, George B. 

Holland. David L. 

Jacobsen, Arnold \V. 
James, George H. 
Johnson, Torrey B. 
Joyce. Thomas F. 

Kamhoot, AW. 
Kelleher, Robert Lee 

Leuthold, John H. 
Loendorf, Jerome T. 

Lorello, Peter i Pete) 

Mahoney, Charles H. 
Mansfield. Rachell K. 
Martin. Fred J. 

McCarvel, Joseph H. 
McDonough, Russell C. 



Natural Resources and Agriculture 
Vice Chairman 

General Government and Constitutional 
Amendment 

Rill of Rights 

Judiciary 

Administrative 

Education and Public Lands 

General Government and Constitutional 
Amendment, Vice Chairman 

1 .egislative 

Education and Public Lands 

Public Health, Welfare and Labor, 
Chairman 

Judiciary, Chairman 

Style, Drafting and Transition 

Local Government 

Bill of Rights 

Legislative 

Executive, Chairman 
Rules and Resolutions 

Natural Resources and Agriculture 

Legislative 

Style, Drafting and Transition 

Legislative 

Legislative, Vice Chairman 
Style, Drafting and Transition 

General Government and Constitutional 
Amendment 

Public Health, Welfare and Labor 

Bill of Rights 

Executive 

Public Information, Vice Chairman 

Public Health, Welfare and Labor 

Revenue and Finance 



27 



McKeon, Mike 

McNeil, Charles B. 
Melvin. J. Mason 
Monroe, Lyle R. 
Murray, Marshall 

Noble, Robert B. (Bob) 

Nutting, Richard A. 
Payne, Katie 

Pemberton, Catherine 

Rebal, Donald 

Reichert, Arlyne 
Robinson, Mae Nan 
Roeder, Richard B. 

Rollins, George W. 
Romney, Miles 

Rygg, Sterling 

Scanlin, Don 
Schiltz, John M. 

Siderius. Henry L. 
Simon, Clark E. 

Skari, Carman (Mr.) 
Sparks, M. Lynn 

Speer, Lucile 



Revenue and Finance 
Administrative 

Natural Resources and Agriculture 

Judiciary 

Bill of Rights 

Bill of Rights 

Rules and Resolutions. Chairman 

Education and Public Lands. 

Vice Chairman 
Administrative 

Legislative 

Local Government 
Public Information 

Judiciary. Vice Chairman 
Public Information 

Natural Resources and Agriculture 

Legislative 

Legislative 

Executive 

Style, Drafting and Transition 

Local Government 

Legislative 

Rules and Resolutions 

Revenue and Finance, Chairman 
Administrative 

Public Health, Welfare and Labor 

Judiciary 

Style, Drafting and Transition, 
Chairman 

Natural Resources and Agriculture 

Local Government 

Administrative 

Legislative 

Local Government 
Public Information 

Local Government 

Style, Drafting and Transition 



28 

Studer, K.J. 

Sullivan, Veronica 

Swanberg, William H. 

Toole, John H. 

Van Buskirk, Edith 
Vermillion, Robert 

Wagner, Roger 
Ward. -lack K. 

Warden. Margaret S. 

Wilson. Archie ( >. 
Woodmansev. Robert F. 



Public Health, Welfare and Labor 

Bill of Rights 

Public Health, Welfare and Labor 

First Vice President 
Chairman, ex officio Administrative, 
Public Information 

Public Health, Welfare and Labor 

General Government and Constitutional 

Amendment 
Public Information 

Revenue and Finance 

Public Health Welfare and Labor, 
Vice Chairman 

Executive 

Public Information, Chairman 

Executive 

Education and Public Lands 
Public Information 



29 



CONVENTION OFFICERS 

President 

LEO GRAYBILL, JR. 

First Vice President 

•JOHN H.TOOLE 

Eastern District Vice President 

BRUCE M. BROWN 

Western District Vice President 

DOROTHY ECK 

Secretary 

JEAN M. BOWMAN 




Leo Graybil 
President 



John H. Toole 
First Vice President 








Bruce M. Brown 
Eastern 



Dorothy Eck 
Western 



CONVENTION EXECUTIVE STAFF 

Executive Director 
DALE HARRIS 

Chief Clerk 

JOHN HANSON 

Committee Coordinator 

MAX BAUCUS 

Public Information Director 

ELIZABETH N. HARRISON 



31 



Magnus Aasheim 

Antelope, Sheridan County, District 4, 
Democrat. 

Born September 21, 1909 in Reserve; educated at 
Western Montana College, Montana University; farmer- 
rancher; State Representative, 1960-67; wife's name is 
Velma; they have two children 





John H. Anderson, Jr. 

Alder, Madison County, District 21, 
Republican 

Born July 9, 1916 in Dillon; attended Virginia City High 
School, Montana State College; rancher; Montana House 
of Representatives; wife's name is Estella; they have four 
children. 



Oscar L. Anderson 

Sidney, Richland County, District 3, 
Independent 

Born January 6, 1911 in Sidney; attended Sidney High 
School, Northwestern School of Commerce, Portland, 
Oregon; bank president; Sidney City Council; Sidney 
Mayor; Sidney Finance Officer; Community Memorial 
Hospital Association Board of Trustees— Sidney; Execu- 
tive Board Montana Bankers Association; Airport Com- 
mission; Farmers Home Administration State Advisory 
Committee; Governor's Committee on Economic Studies; 
Montana Rural Areas Development Committee; Executive 
Board Montana Municipal League; Montana League of 
Cities and Towns, President; wife's name is Helen; they 
have three children. 



r if '9 








32 




Harold Arbanas 

Great Falls, Cascade County, 
District 13, Democrat 

Born September 20, 1 924 in Yakima, Washington, arrived 
in Montana in 1940; educated at Great Falls Public High 
School, St. Edward's Theological College, Seattle Univer- 
sity; director of education; unmarried. 



Franklin Arness 

Libby, Lincoln County, District 23, 
Democrat 

Educated at Libby High School, University of Montana; at- 
torney; County Attorney; City Attorney; he has two 
children. 





Cedor B. Aronow 

Shelby, Toole County, District 15, 
Democrat 

Born September 2, 1910 in Odessa, Russia; arrived in 
Montana in 1912; educated at University of Washington; 
attorney; Toole County Attorney; Democratic National 
Convention Delegate, 1956; Montana State Legislature, 
1 949-53; President, Young Democrats of Montana; wife's 
name is Jane; they have three children. 






William H. Artz 

Great Falls, Cascade County, 
District 13, Democrat 

Born March 3, 1918 in Hamblin; educated at Wolf Point 
High School, University of Montana; certified public ac- 
countant; Treasurer of Cascade County Democratic 
Central Committee; wife's name is Mary Kay, they have 
three children. 





Thomas M. Ask 

Roundup, Musselshell County, 
District 9, Republican 

Born July 19, 1 925 in Forsyth; attended University of Mon- 
tana; lawyer; City Attorney; County Attorney; wife's name 
is Margaret; they have four children 



Betty Babcock 

Helena, Lewis and Clark County, 
District 12, Republican 

Born March 11,1 922 in Applington, Iowa; arrived in Mon- 
tana in 1926; educated at Dawson County High School, 
Dawson County Junior College; vice pesident of the Col- 
onial Inn; Director of Helena Chamber of Commerce; hus- 
band's name is Tim Babcock; they have two children 




:;i 




Lloyd Barnard 

Saco, Valley County, District 5, 
Democrat 

Born October 29, 1904 in Meadows of Dan, Virginia; ar- 
rived in Montana in April, 1910; educated at La Salle Ex- 
tension University; farmer-rancher; State Representative, 
1945-61; wife's name is Ethel Alice; they have four 
children. 



Grace C. Bates 

Manhattan, GallatinCounty, District 1 1, 
Democrat 

Born April 26, 1917 in Amsterdam; attended local schools; 
farmer's wife, public servant; State Advisory Council of 
Comprehensive Health Planning; husband's name is 
Avery; they have three children 





i 



,w-^ 



^k 



Don E. Belcher 

Roundup, Musselshell County, 
District 9, Democrat 

Born June 17, 1919 in Lavina, attended Lavina High 
School; insurance agent; wife's name is Clare; they have 
three children. 






Ben E. Berg, Jr. 

Bozeman, Gallatin County, District 11, 
Republican 

Born December 17, 1916 in Columbus; attended Univer- 
sity of Montana; lawyer; City Attorney; Park County Repre- 
sentative; wife's name is Joan; they have four children 





Earl M. Berthelson 

Conrad, Pondera County, District 15, 
Republican 

Born January 26, 1 910 in San Jose, New Mexico, arrived 
in Montana in 1 930; attended Shelley High School, Shelly, 
Idaho; University of Idaho at Pocatello; banker and rancher, 
wife's name is Mabel; they have seven children 



Chet Blaylock 

Laurel, Yellowstone County, District 8, 
Democrat 

Born November 13, 1924 in Joliet; educated at Eastern 
Montana College, University of Montana; teacher; Mon- 
tana Democratic Party State Chaiman; wife's name is 
Mildred; they have five children. 




36 




Virginia Hogan Blend 

Great Falls, Cascade County, 
District 13, Democrat 

Born February 11, 1914 in Great Falls; attended elemen- 
tary and high school In Great Falls, University of Texas, 
University of Kansas, University of Denver, College of 
Great Falls; reprographer; husband's name is Carroll; they 
have one child. 



Jean M. Bowman 

Billings, Yellowstone County, District 8, 
Republican 

Born April 3, 1 938 in Albuquerque, New Mexico; arrived in 
Montana in July, 1 960; attended University of New Mexi- 
co, University of Pennsylvania; housewife; husband's 
name is Dr Warren D. Bowman; they have four children. 





Geoffrey L. Brazier 

Helena, Lewis and Clark County, 
District 12, Democrat 

Born November 8, 1929 in Helena; attended Helena High 
School, Montana School of Mines, University of Montana; 
attorney; Deputy County Attorney; wife's name is Marie; 
they have three children. 






Bruce M. Brown 

Miles City, Custer County, District 2, 
Independent 

Born February 25, 1 922 in Miles City; educated at Univer- 
sity of Montana; lawyer; City Attorney; County Attorney; 
wife's name is Margaret; they have five children. 






Daphne Bugbee 

Missoula, Missoula County, District 1 8, 
Democrat 

Born July 21, 1921 in Pensacola, Florida; arrived in Mon- 
tana in 1958; educated at The Bishop's School, LaJolla, 
California; Bennington College, Bennington, Vermont; 
Harvard University, Cambridge, Massachusetts; architect; 
Missoula Community ImprovementCommission; Missoula 
Area Arts Council Board of Directors; Missoula County 
High School Advisory Committee; Montana Conservation 
Coordinating Council Steering Committee; Environmental 
Health Subcommittee of the Montana Comprehensive 
Health Planning Commission; Governor's Appointee to the 
State Advisory Council for Title I of the Higher Education 
Act of 1965; husband's name is Henry; they have three 
children 



William A. Burkhardt 

Helena, Lewis and Clark County, 
District 12, Republican 

Born January 3, 1 931 in Liberty, Missouri; arrived in Mon- 
tana in June, 1957; educated at William Jewell College, 
Yale University, William Allanson White Institute of Psych- 
iatry; minister; wife's name is Kathleen; they have three 
children. 




38 




Marjorie Cain 

Libby, Lincoln County, District 23, 
Democrat 

Born April 11, 1915 in Miles City; educated at Custer 
County High School; Mills College, Oakland, California; 
San Jose State College; University of California at Berke- 
ley; California School of Arts & Crafts; Washington State 
College, State Teacher's College, Ellensburg, Washington, 
University of Montana; Stanford University; teacher; City 
Council; Chairman, Democratic Women's Club; Presi- 
dent's Council on Status of Women; husband's name is 
Roy; they have one child. 



Robert J. Campbell 

Missoula, Missoula County, District 1 8, 
Democrat 

Born December 12, 1940 in Sidney; attended Red Lodge 
High School, Sidney High School, University of Montana; 
attorney; wife's name is Mary Ann, they have two children. 





Jerome J. Cate 

Billings, Yellowstone County, District 8, 
Democrat 

Born September 19, 1939 in Baker; attended Carroll Col- 
lege, Georgetown University, University of Montana; at- 
torney; wife's name is Mary; they have two children. 






Richard James 
(Rick) Champoux 

Kalispell, Flathead County, District 16, 
Democrat 

Born December 1 3, 1 930 in Arlington, Massachusetts, ar- 
rived in Montana in 1 954; educated at University of Mon 
tana, UCLA, University of Guadalajara; professor; wife's 
name is Marilyn; they have two children 






Lyman W. Choate 

Miles City, Custer County, District 2, 
Republican 

Born December 3, 1912 in Manhattan; educated at Gal- 
latin County High School; Civil Aeronautics Administra- 
tion, Aeronautical Inspector School, Washington, DC; 
commercial flying; City Council; wife's name is Lorraine; 
they have five children. 



Max Conover 

Broadview, Yellowstone County, 
District 8, Democrat 

Born November 2, 1912 in Colfax, Washington; arrived in 
Montana in 1916; educated at Broadview High School; 
farmer-rancher; President of Montana Seed Growers; 
wife's name is Vera; they have three children. 




1(1 




C. Louise Cross 

Glendive, Dawson County, District 3, 
Democrat 

Born October 26, 1919 in Columbus; educated at Univer- 
sity of Montana, Bread Loaf School of English; home- 
maker, former teacher; President of Dawson County Dem- 
ocratic Women, 1966-70; husband's name is John M 
Cross; they have six children. 



Wade Joseph Dahood 

Anaconda, Deer Lodge County, 
District 19, Republican 

Born December 31, 1 927 in Brooklyn, New York; arrived in 
Montana in 1928; educated at Anaconda High School, 
University of Montana; attorney; wife's name is Grace; 
they have four children. 





Carl M. Davis 

Dillon, Beaverhead County, District 21, 
Democrat 

Born November 21, 1922 in Dillon; educated at Beaver- 
head County High School, Western Montana College, Uni- 
versity of Montana; attorney; County Attorney, Beaver- 
head County; State Welfare Board; Supreme Court Com- 
mission on Practice; Governor's Crime Control Commis- 
sion; City Police Commission; Executive Board, Western 
Montana College; wife's name is Martha; they have four 
children. 



II 



Douglas Delaney 

Grass Range, Fergus County, 
District 10, Democrat 

Born April 30, 1 926 in Lewistown; attended high school in 
Petroleum County; rancher; School District Clerk; County 
Commissioner; Supervisor of Soil and Water Conservation 
District; wife's name is Oleta; they have four children. 





Maurice Driscoll 

Butte, Silver Bow County, District 20, 
Democrat 

Born December 29, 1914 in Walkerville; educated at Uni- 
versity of Montana, Montana Tech, University of Illinois, 
Columbia University, University of Colorado; Director of 
Vocational Education; wife's name is Margaret, they have 
ten children. 



Dave Drum 

Billings, Yellowstone County, 
District 8, Republican 

Born March 7, 1923 in Rushville, Indiana; arrived in Mon- 
tana in 1923; educated at University of Montana; business 
and agriculture; House of Representatives, 1967; wife's 
name is Dorothy; they have three children 




12 




Dorothy Eck 

Bozeman, Gallatin County, District 11, 
Democrat 

Born January 23, 1 924 in Sequim, Washington; arrived in 
Montana in 1946; attended Montana State University; 
housewife, civic leader; husband's name is Hugo; they 
have two children 



Marian S. Erdmann 

Great Falls, Cascade County, 
District 13, Republican 

Born January 16, 1912 in Devon; attended Shelby High 
School, University of Montana; housewife; Mayor; Alder- 
man of Great Falls, widow of Charles E Erdmann; she has 
three children 





Leslie "Joe" Eskildsen 

Malta, Phillips County, District 5, 
Democrat 

Born March 23, 1922 in Malta; attended Malta High 
School; farmer; Montana State Legislature, 1957-65, 
wife's name is Virginia; they have one child. 






Mark Etchart 

Glasgow, Valley County, District 4, 
Republican 

Born August 31 , 1 923 in Glasgow; educated at St. Thomas 
College, Carroll College, Montana State University, 
farmer-rancher, Montana House of Representatives, 
1961 -67; Montana Legislative Council, 1963; wife's name 
is Delores; they have four children 









James R. Felt 

Billings, Yellowstone County, 
District 8, Republican 

Born November 9, 1920 in Glendive; attended Billings 
High School, University of Montana, New York University, 
lawyer; House of Representatives, 1955-60, 1965-68. 
President of the Yellowstone County Bar Association, 
1957; wife's name is Mary; they have seven children 



Donald R. Foster 

Lewistown, Fergus County, District 1 0, 
Independent 

Born April 1 8, 1 937 in Gooding, Idaho; arrived in Montana 
in 1 945; attended Stanford University; honey bee manage- 
ment; wife's name is Rosalie Ann; they have three 
children. 




1 1 




•' 





Noel D. Furlong 

Kalispell, Flathead County, District 16, 
Democrat 

Born February 14, 1927 in Chester; attended Chester High 
School, University of Montana; teacher; Western District 
MEA, 1st Vice President; MEA Board of Directors; NEA 
Constitutional Convention Delegate; wife's name is 
Louise, they have five children. 



James C. Garlington 

Missoula, Missoula County, District 1 8, 
Republican 

Born March 24, 1 908 in Missoula; attended Missoula High 
School, University of Montana; attorney; School Trustee; 
City Attorney; wife's name is Nancy; they have three 
children. 





Leo Graybill, Jr. 

Great Falls, Cascade County, 
District 13, Democrat 

Born March 28, 1924 in Belt; attended Great Falls High 
School, Yale University, University of Montana Law 
School; attorney; Great Falls International Airport Com- 
mission Chairman; wife's name is Sherlee; they have 
three children 






E.S. "Erv" Gysler 

Fort Benton, Chouteau County, 
District 14, Republican 

Born August 27, 1923 in Plentywood; attended Hinsdale 
High School, College of William and Mary, University of 
Florida, Montana State University; President of Gysler 
Manufacturing Company; wife's name is Lois; they have 
three children. 





Otto T. Habedank 

Sidney, Richland County, District 3, 
Republican 

Born October 8, 1917 in Bowdoin, educated at Billings 
Polytechnic, LaSalle Extension University; lawyer; Mem- 
ber Montana Constitutional Revision Commission, 1969- 
70; wife's name is Arleen, they have four children 



R.S. (Bob) Hanson 

Poison, Lake County, 
District 17, Independent 

Born December 22, 1912 in Poison; educated at Poison 
High School, Montana State College; retired; Mayor of 
Ronan; Montana Highway Safety Board; wife's name is 
Mercedes; they have one child. 




16 




Rod Hanson 

Fairfield, Teton County, District 15, 
Democrat 

Born September 1 , 1 920in Highwood; attended Highwood 
High School, Montana State University; manager of Sun 
River Electric Cooperative; Sidney Public School Board; 
Fairfield School Board; wife's name is Eunice; they have 
four children. 



Gene Harbaugh 

Poplar, Roosevelt County, District 4, 
Democrat 

Born September 8, 1936 in Miles City; educated at Whit- 
worth College, American University of Beirut, Dubuque 
Theological Seminary, LaSalle Extension University; mini- 
ster; wife's name is Ellen May, they have four children 





Paul K. Harlow 

Thompson Falls, Sanders County, 
District 23, Democrat 

Born August 25, 1 904 in Okobojo, South Dakota; arrived in 
Montana in 1911; attended Stanford University; teacher 
and farmer; Legislative Representative; School Board, 
Chairman, Green Mountain Soil and Water Conservation 
District; wife's name is Margaret, they have two children. 



17 



George Harper 

Helena, Lewis and Clark County, 
District 12, Independent 

Born July 4, 1923 in Salem, Ohio; arrived in Montana in 
1954; educated at Birmingham Southern College, Duke 
University, Northwestern University, Garrett School of 
Theology; clergyman; wife's name is Dorothy; they have 
five children 





Daniel W. Harrington 

Butte, Silver Bow County, District 20, 
Democrat 

Born February 12, 1938 in Butte, attended Butte Central 
High School, Montana Tech, Western Montana College, 
teacher; Vice Chairman, Democratic Central Committee; 
wife's name is Patricia; they have one child 



George B. Heliker 

Missoula, Missoula County, District 1 8, 
Democrat 

Born October 18, 1 91 9 in West Bloomf ield, Michigan; ar- 
rived in Montana in 1955; attended Walled Lake High 
School, Walled Lake, Michigan; University of Michigan; 
professor of economics; wife's name is Betty, they have 
two children. 




■l,s 




Jj^l 




David L. Holland 

Butte, Silver Bow County, District 20, 
Democrat 

Born June 27, 1 924 in Butte; attended Butte High School, 
Montana Tech, College of Idaho, University of Montana 
Law School; attorney; Assistant Attorney General, City At- 
torney; Chief Deputy County Attorney; U.S. Commissioner; 
widower of Mary Lou Murphy; he has six children. 



Arnold W. Jacobsen 

Whitefish, Flathead County, District 1 6, 
Republican 

Born July 4, 1913 in Dilly, Oregon; arrived in Montana in 
1 91 5; attended Butte Business College; merchant; wife's 
name is Lois; they have four children 





George H. James 

Libby, Lincoln County, District 23, 
Democrat 

Born February 22, 1913 in Chicago, Illinois; arrived in 
Montana in 1952; attended Glenbard High School, Glen 
Ellyn, Illinois; Elmhurst College, Elmhurst, Illinois; Univer- 
sity of Chicago, Chicago, Illinois; retired; Libby School 
Board; Lincoln County Library Board; wife's name is 
Roberta; they have two children. 






Torrey B. Johnson 

Busby, Big Horn County, District 1, 
Republican 

Born December 6, 1916 in Ucross, Wyoming; arrived in 
Montana in 1917; educated at University of Montana. Uni- 
versity of Chicago, livestock rancher; Clerk of School Dis- 
trict; wife's name is Adnenne Marye; they have five 
children. 









m 



\ 






s 




Thomas F. Joyce 

Butte, Silver Bow County, District 20, 
Democrat 

Born April 1 8, 1 923 in Anaconda; attended Carroll College, 
University of Oregon, University of Montana Law School, 
attorney; Assistant Attorney General; Deputy County 
Attorney, Silver Bow County; Butte City Attorney; wife's 
name is Dorothy; they have twelve children 



Arthur Walton Kamhoot 

Forsyth, Rosebud County, District 6, 
Republican 

Born April 25, 1912 in Custer County; semi-retired; 
Forsyth City Council; wife's name is Ethel Bannger; they 
have four children. 



rat <s*"~ 








Robert Lee Kelleher 

Billings, Yellowstone County, District 8, 
Democrat 

Born March 30. 1923 in Oak Park, Illinois; arrived in Mon- 
tana in 1 952, educated at Carmel College, Catholic Univer- 
sity, lawyer; wife's name is Geraldine; they have six 
children 



John H. Leuthold 

Molt, Stillwater County, District 7, 
Republican 

Born May 26, 1 907 in Chicago, Illinois; arrived in Montana 
in 1912; attended Columbus High School, rancher; Mon- 
tana House of Representatives, 1951-67, wife's name is 
Grace; they have three children 





Jerome T. Loendorf 

Helena, Lewis and Clark County, 
District 12, Republican 

Born June 5, 1 939 in Wolf Point; attended Carroll College, 
University of Montana; attorney; County Attorney; 
unmarried. 






Peter Lorello 

Anaconda, Deer Lodge County, 
District 19, Democrat 

Born March 12, 1929 in Anaconda; attended Anconda 
High School; bar-restaurant owner; wife's name is Joyce; 
they have seven children. 





Charles H. Mahoney 

Clancy, Jefferson County, District 12, 
Independent Republican 

Born June 12, 1906 in St Paul, Minnesota, arrived in 
Montana in 1907; attended local schools; retired rancher, 
Montana State Senate; Governor Ford's Reorganization 
and Economy Committee; Governor Aronson's Taxation 
and Education Committee, wife's name is Alta; they have 
one child. 



Rachell K. Mansfield 

Geyser, Chouteau County, District 14, 
Democrat 

Born August 18, 1916 in Great Falls; attended Geraldine 
High School, College of Great Falls, University of Montana; 
teacher; State President of Congress of Parents and 
Teachers, 1966-68; husband's name is James P. Mans- 
field, Jr.; they have four children. 




52 




Fred J. Martin 

Livingston, Park County, District 11, 
Republican 

Born January 30, 1904 in Butte, educated at Butte High 
School, University of Montana; editor of Livingston Enter- 
prise and Park County News; wife's name is Dorothy; they 
have two children. 



Joseph H. McCarvel 

Anaconda, Deer Lodge County, 
District 19, Democrat 

Born December 19, 1 91 3 in Anaconda; educated at Ana- 
conda High School, Carroll College, Montana State Col- 
lege, College of Great Falls; locomotive engineer and home 
bakery owner; Anaconda School Board; wife's name is 
Ruth; they have eight children 





Russell C. McDonough 

Glendive, Dawson County, District 3, 
Democrat 

Born December 7, 1 924 in Glendive; educated at Dawson 
College, Montana State University, George Washington 
University; lawyer; City Attorney; County Attorney; Chair- 
man of City-County Planning Board; wife's name is Dora 
Jean, they have six children 






Mike McKeon 

Anaconda, Deerl Lodge County, 
District 19, Democrat 

Born June 1 7, 1 946 in Anaconda; educated at University 
of Notre Dame, University of Montana Law School; at- 
torney; unmarried. 





Charles B.(C.B.) McNeil 

Poison, Lake County, District 17, 
Republican 

Born February 17, 1937 in Anaconda; educated at Ana- 
conda High School, University of Alaska, University of 
Montana Law School; attorney and engineer; wife's name 
is JoAnn; they have two children 



J. Mason Melvin 

Bozeman, Gallatin County, District 11, 
Democrat 

Born June 10, 1914 in Portal, North Dakota; arrived in 
Montana in 1 91 5; educated at University of Montana; FBI 
National Academy; retired special agent, FBI; Sheriff of 
Valley County; wife's name is Olive; they have two 
children. 




54 




Lyle R. Monroe, II 

Great Falls, Cascade County, 
District 13, Democrat 

Born November 7, 1945 in Great Falls; educated at Great 
Falls Central High School, Assumption College, Richard- 
ton, N.D.; College of Great Falls; social service; wife's 
name is Laura Jean; they have one child. 



Marshall Murray 

Kalispell, Flathead County, District 16, 
Republican 

Born August 29, 1932 in Eureka; attended Flathead High 
School, University of Montana, University of Montana Law 
School; attorney; Montana Legislature, 1961, 1963; 
Kalispell City Attorney; wife's name is Joan; they have 
three children. 





Robert B. Noble 

Great Falls, Cascade County, 
District 13, Republican 

Born March 31, 1907 in Great Falls; educated at Great 
Falls Public Schools, Montana State College, merchant; 
School Board, 1 944-65; wife's name is Madella; they have 
five children. 






Richard A. Nutting 

Silesia, Carbon County, District 7, 
Republican 

Born January 1 2, 1 922 in Red Lodge; educated at Billings 
Senior High School, University of Montana, farmer- 
rancher; former legislator; wife's name is Jeanne; they 
have three children 





Katie Payne 

Missoula, Missoula County, District 1 8, 
Republican 

Born June 6, 1922 in Elizabethton, Tennessee; arrived in 
Montana in 1951; attended Elizabethton High School; 
Tennessee Wesleyan College, Athens, Tennessee; Van- 
derbilt University, Nashville, Tennessee; housewife; Gov- 
ernor's Committee on Mental Health; State Hospital Medi- 
cal and Related Facilities Advisory Council; Zoning Com- 
mittee Chairman; City Council; husband's name is 
Thomas; they have two children 



Catherine Howell 
Pemberton 

Broadus, Powder River County, 
District 1, Republican 

Born May 7, 1 909 in Worland, Wyoming; arrived in Mon- 
tana in 1 930; attended University of Wyoming; wife of cat- 
tle rancher; independent news writer; Republican State 
Committeewoman, 1949-69; husband's name is Law- 
rence; they have two children. 




56 



o 




Donald Rebal 

Great Falls, Cascade County, 
District 13, Democrat 

Born May 19, 1921 in Hilger; attended Great Falls High 
School, University of Montana; automobile dealer; wife's 
name is Virginia; they have three children. 



Arlyne E. Reichert 

Great Falls, Cascade County 
District 13, Democrat 

Born January 14, 1926 in Buffalo, New York; arrived in 
Montana in 1945; attended University of Buffalo, New 
York; McLaughlin Research Institute; research assistant 
and television reporter; Great Falls Public Library Board 
of Trustees; Montana Hospital and Long-Term Care Faci- 
lity Advisory Council; widow; she has five children. 





Jk ^ 



Mae Nan Robinson 

Missoula, Missoula County, District 1 8, 
Republican 

Born June 1, 1947 in Mineral Wells, Texas; arrived in 
Montana in 1967; attended University of Montana; 
graduate student; widow. 






Richard B. Roeder 

Bozeman, Gallatin County, District 11, 
Democrat 

Born August 23, 1930 in Schuylkill Haven, Pennsylvania; 
arrived in Montana in 1 957; educated at Swarthmore Col- 
lege, University of Pennsylvania; professor of history at 
Montana State University; wife's name is Janet; they have 
three children 





George W. Rollins 

Billings, Yellowstone County, 
District 8, Democrat 

Born June 2, 1916 in Cumberland, Wyoming; arrived in 
Montana in 1953; educated at University of Wyoming, 
Omaha University, University of Utah; history professor at 
Eastern Montana College; Board of Billings Public Library; 
wife's name is Beverly Ruth; they have eight children 



Miles Romney 

Hamilton, Ravalli County, District 22, 
Democrat 

Born December 6, 1 900 in Hamilton; educated at Hamilton 
High School, U.S. Military Academy, George Washington 
University, University of Montana; newspaper publisher; 
wife's name is Ruth; they have no children. 




58 




M. Sterling Rygg 

Kalispell, Flathead County, District 16, 
Republican 

Born December 26, 1 91 4 in Warren, Minnesota; arrived in 
Montana in 1 940; attended Fairdale High School, Fairdale, 
N.D., Concordia College, Moorhead, Minnesota; automo- 
bile dealer; State Representative, Montana Legislature, 
1960-68, wife's name is Inga; they have three children. 






Donald A. Scanlin 

Billings, Yellowstone County, 
District 8, Democrat 

Born August 4, 191 4 in Bangor, Maine; arrived in Montana 
in 1 949; educated at University of Maine, Rocky Mountain 
College; instructor of adult basic education; wife's name 
is Millicent; they have four children. 





John M. Schiltz 

Billings, Yellowstone County, 
District 8, Democrat 

Born May 29, 1919 in Kremlin; attended University of 
Montana; lawyer; Montana Legislature, 1951, 1953; 
wife's name is Edna; they have four children. 






Henry L. Siderius 

Kalispell, Flathead County, District 16, 
Democrat 

Born September 30, 1910 in Kalispell; educated at 
Demersville School; farmer; Demersville School Board, 
Bonneville Power Advisory Board; wife's name is Jose- 
phine; they have four children 





Clark E. Simon 

Billings, Yellowstone County, 
District 8, Republican 

Born July 1 , 1 903 in Jamaica, Iowa; arrived in Montana in 
1904; educated at correspondence school in accounting 
and corporation structure; merchant investments, ranch- 
ing, Montana Board of Pardons, wife's name is Muriel; 
they have two children. 



Carman Skari 

Chester, Liberty County, District 14, 
Democrat 

Born June 1 4, 1 932 in Petersberg, North Dakota; arrived in 
Montana in 1 947; attended Chester High School, Northern 
Montana College, University of Montana; farmer-rancher, 
Liberty County Arts Council; P.T.A. President; Soil Conser- 
vation District Supervisor; wife's name is Mora; they have 
two children. 




60 




M. Lynn Sparks 

Butte, Silver Bow County, District 20, 
Democrat 

Born December 19, 1942 in Butte; attended Butte Public 
High School, University of Montana; public relations; 
unmarried 



Lucile Speer 

Missoula, Missoula County, District 1 8, 
Democrat 

Born January 7, 1 899 in Branch County, Michigan; arrived 
in Montana in 191 9; attended University of Montana, Uni- 
versity of Chicago; retired; unmarried. 





R.J. Studer 

Billings, Yellowstone County, 
District 8, Republican 

Born March 22, 1 903 in Iowa; arrived in Montana in 1 939; 
educated at University of Minnesota; contractor, highway 
and utility construction; wife's name is Cecilia Ann; they 
have four children. 



61 



Veronica Sullivan 

Butte, Silver Bow County, District 20, 
Democrat 

Born November 18, 1911 in Butte; educated at St. Mary's 
Girls' Central High, Butte Business College; housewife; 
husband's name is John; they have no children. 





William H. Swanberg 

Great Falls, Cascade County, 
District 13, Democrat 

Born August 29, 1 91 6 in Great Falls; attended Great Falls 
High School, University of Montana, attorney; Alderman, 
Mayor of Great Falls; wife's name is Marie Louise; they 
have seven children. 



John H. Toole 

Missoula, Missoula County, District 1 8, 
Republican 

Born June 1 , 1 91 8 in Missoula; educated at University of 
Montana; former owner of Toole & Easter Co.; House of 
Representatives, 1953-54; Montana Crime Commission; 
Columbia River Compact Commission; City-County Plan- 
ning Board; City Park Board; wife's name is Barbara; they 
have two children. 




62 




Edith Van Buskirk 

Havre, Hill County, District 14, 
Democrat 

Born October 25, 1 91 9 in Havre, educated at Havre Public 
High School, Northern Montana College; housewife; hus- 
band's name is Warren; they have five children 



Robert James Vermillion 

Shelby, Toole County, District 15, 
Democrat 

Born March 23, 1939 in Wallace, Idaho, arrived in Mon- 
tana in 1 962; attended Wallace High School, University of 
Idaho; radio announcer; wife's name is Jeanne Naoma; 
they have one child. 





Roger A. Wagner 

Nashua, Valley County, District 4, 
Democrat 

Born May 12, 1942 in St. Joseph, Minnesota; arrived in 
Montana in 1 942; attended St. John's University; farmer- 
rancher; unmarried. 



Jack K. Ward 

Hamilton, Ravalli County, District 22, 
Republican 

Born March 22, 1932 in Hysham, educated at Hysham 
High School, Montana State University, Washington State 
University; veterinarian; wife's name is Delia; they 
have four children. 





Margaret S. Warden 

Great Falls, Cascade County, 
District 13, Democrat 

Born July 18, 1 91 7 in Glasgow; attended Great Falls High 
School, Great Falls Commercial College, housewife; 
Chairman of Great Falls Public Library Board of Trustees; 
husband's name is Ft.D. Warden; they have two children. 



Archie O. Wilson 

Hysham, Treasure County, District 6, 
Republican 

Born July 18, 1909 in Forsyth; attended local schools; 
rancher; Montana Livestock Commission; wife's name is 
Ruth; they have two children. 




64 




Robert F. Woodmansey 

Great Falls, Cascade County, 
District 13, Republican 

Born September 9, 1936 in Great Falls; attended High- 
wood High School, Montana State University; teacher; 
wife's name is Lois; they have three children. 



I 

i 



I 
I 

i 

i 

i 




66 

CONVENTION DELEGATES BY DISTRICT 

DISTRICT NO. 1, Counties of Big Horn, Powder River, and 

Carter less the Ekalaka census enumerator division 

Torrey B. Johnson 
Catherine Pemberton 

DISTRICT NO. 2, County of Custer and the Ekalaka census 

enumerator division of Carter 

Bruce M. Brown 
Lyman W. Choate 

DISTRICTNO. 3, Counties of Richland, Dawson, Wibaux, and 

Fallon 

Oscar L. Anderson 
C. Louise Cross 
Otto T. Habedank 
Russell C. McDonough 

DISTRICTNO. 4, Counties of Sheridan, Roosevelt, Daniels, 

and Valley less the Fort Peck and Hinsdale census 
enumerator divisions 

Magnus Aasheim 
Mark Etchart 
Gene Harbaugh 
Roger A. Wagner 

DISTRICT NO. 5, Counties of Blaine and Phillips and the Fort Peck 

and Hinsdale census enumerator divisions of Valley 

Lloyd Barnard 

Leslie "Joe" Eskildsen 

DISTRICT NO. 6, Counties of Garfield, Rosebud, McCone, 

Prairie, and Treasure 

A.W. Kamhoot 
Archie O. Wilson 

DISTRICT NO. 7, Counties of Stillwater and Carbon and south of the 

Yellowstone census enumerator division of Sweet Grass 

John H. Leuthold 
Richard A. Nutting 

DISTRICT NO. 8, County of Yellowstone less the Buffalo Creek 

census enumerator division, the Shephard enumerator division, 
and the Huntley Project census enumerator division 

Chet Blaylock Robert Lee Kelleher 

Jean M. Bowman George W. Rollins 

Jerome J. Cate Don Scanlin 

Max Conover John M. Schiltz 

Dave Drum Clark E. Simon 

James R. Felt R.J. Studer 



DISTRICT NO. 9, Counties of Meagher, Wheatland, Golden Valley, and Musselshell and 

north of the Yellowstone census enumerator division of Sweet Grass, 
the Buffalo Creek census enumerator division, the Huntley Project 
enumerator division, and the Shepherd census enumerator division of 
Yellowstone 



Thomas M. Ask 
Don E. Belcher 



DISTRICT NO. 10, Counties of Fergus and Petroleum 

Douglas Delaney 
Donald R. Foster 



DISTRICT NO. 11, Counties of Gallatin and Park 

Grace C. Bates 
Ben E. Berg, Jr. 
Dorothy Eck 
Fred J. Martin 
J. Mason Melvin 
Richard B. Roeder 



DISTRICT NO. 12, Counties of Broadwater, Jefferson, and 

Lewis and Clark 

Betty Babcock 
Geoffrey L. Brazier 
William A. Burkhardt 
George Harper 
Jerome T. Loendorf 
Charles H. Mahoney 



DISTRICT NO. 13, County of Cascade 

Harold Arbanas Robert B. (Bob) Noble 

Wm. H. (Bill) Artz Donald Rebal 

Virginia H. Blend Arlyne E. Reichert 

Marian S. Erdmann William H. Swanberg 

Leo Graybill, Jr. Margaret S. Warden 

Lyle R. Monroe Robert F. Woodmansey 



DISTRICT NO. 14, Counties of Hill, Chouteau, Judith Basin, 

and Liberty 

E.S. "Erv" Gysler 
Rachell K. Mansfield 
Carman Skari 
Edith Van Buskirk 



DISTRICT NO. 15, Counties of Glacier, Toole, Pondera, and Teton 

Cedor B. Aronow 
E.M. Berthelson 
Rod Hanson 
Robert Vermillion 



DISTRICT NO. 16, County of Flathead 

Richard J. (Rick) Champoux 
Noel D. Furlong 
Arnold W. Jacobsen 
Marshall Murray 
Sterling Rygg 
Henry L. Siderius 

DISTRICT NO. 17, County of Lake 

R.S. "Bob"Hanson 
Charles B. McNeil 

DISTRICT NO. 18, County of Missoula less the Bonner-Clinton 

census enumerator division 

Daphne Bugbee 
Bob Campbell 
J.C. Garlington 
George B. Heliker 
Katie Payne 
Mae Nan Robinson 
Lucile Speer 
John H. Toole 

DISTRICT NO. 19, Counties of Powell, Deer Lodge, and Granite and the 

Bonner-Clinton census enumerator division of Missoula 

Wade J. Dahood 
Peter "Pete" Lorello 
Joseph H. McCarvel 
Mike McKeon 

DISTRICT NO. 20, County of Silver Bow 

Maurice Driscoll 
Dan W. Harrington 
David L. Holland 
Thomas F. Joyce 
M. Lynn Sparks 
Veronica Sullivan 

DISTRICT NO. 21, Counties of Madison and Beaverhead 

John H. Anderson, Jr. 
Carl M. Davis 

DISTRICT NO. 22, County of Ravalli 

Miles Romney 
Jack K. Ward 

DISTRICT NO. 23, Counties of Mineral, Sanders, and Lincoln 

Franklin Arness 
Marjorie Cain 
Paul K. Harlow 
George H. James 



69 



CONVENTION STAFF 



Name 

Acher, Rosemary 
Applegate, Rick 
Barber, Roger 
Baucus, Max 
Bechtel, Richard 
Beck, Karen 
Brown, Al 
Berner, Alice 
Burr, Dennis 
Carson, Bartley 
Christiansen, Dee 
Corbin, Darlene 
Cromwell, Gardner 
Dowling, Diana 

Durkee, Marie 
Fallon, Jean 
Fontana, Juanita 
Geier, Jean 
Grady, James 

Hanson, John 
Harris, Dale 
Harrison, Elizabeth 
Hilger, Bev 
Holliday, Karen 
Holloron, Jerry 
Jakovac, Betty 
Jones, Jane 
Kelly, Karen 
Kinsey, Sylvia 
Kunnary, Mary 
Lester, Barbara 
Loman, Ray 
McCarthy, Ellen 
McGuinn, Mel 
Moody, Roberta 
Muckelston, Sandra 

Murphy, Bobbie 
Nelson, Betty 
Neyerhuis, Warren 
Phillips, Sue 
Pratt, Judith 
Reid, Ellen 
Romine, Pat 
Rung, Elaine 
Saeman, Janice 
Seeley, Eve 
Sievers, Bruce 
Spall, Richard 

Smith, Ed 
Smith, Gail 



Position 

Journal Clerk 

Bill of Rights • Research Analyst 

Revenue and Finance Research Analyst 

Committee Coordinator 

Legislative - Research Analyst 

Executive - Research Analyst 

Payroll Clerk 

Floor Leaders and Rules Committee Secretary 

Revenue and Finance - Consultant 

Executive Director Secretary 

MTST Typist 

Bill of Rights Secretary 

Style and Drafting-Consultant 

Research Coordinator; Style and 

Drafting-Counsel 
Reporter 
Printing Clerk 
Librarian 

Typist-Stenographer 
General Government and Constitutional Amendment 

Research Analyst 
Chief Clerk 
Executive Director 
Public Information Director 
Journal Typist 

Revenue and Finance Secretary 
Local Government - Research Analyst 
Chief Stenographer 
MTST Typist 
Chief Clerk's Secretary 

Public Health, Welfare and Labor Secretary 
Typist-Stenographer 
Executive Committee Secretary 
Sergeant at Arms 
Judiciary Secretary 
First Vice President's Secretary 
President's Secretary 
Judiciary - Research Analyst; Style and 

Drafting-Counsel 
General Government and Constitutional Amendment Secretary 
Style and Drafting Secretary 
Supply Clerk 

Public Information Typist 
Legislative Committee Secretary 
Typist-Stenographer 
Local Government Secretary 
Natural Resources and Agriculture Secretary 
MTST Typist 
Assistant Stenographer 

Education and Public Lands - Research Analyst 
Public Health, Welfare and Labor 

Research Analyst 
Reading Clerk 
MTST Typist 



70 



Sullivan, Charles 
Sullivan, Louise 
Tyanich, Pat 
Watson, Sally 
Wilson, Rosella 
ZurMuehlen, Dorothy 



Natural Resources and Agriculture - Research Analyst 

Typist-Stenographer 

Public Information Secretary 

Education and Public Lands Secretary 

Assistant Journal Clerk 

District Vice Presidents' Secretary 



INTERNS 



Bowlds, Mark 
Buzzas, Robert J. (Bob) 
Callahan, Maureen 
Chvatal, Pat 
Crawford, John F. 
Darlington, Holly 
Earley, Mona J. 
Graham, Gary 
Gray, Randall 
Hauf, Kandice J. 
Jackson, Kayle 
Jersey, David 
Jersey, Lee Ann 
Johnson, Blake 
Jones, Steve 
Krueger, Kurt 
Larum, Michael 
Leary, Dodge 
Lien, Nancy 
Mahoney, George 
Murphy, John 
Paul, George 
Perryman, Ray 
Rupp, Jeffrey K. 
Shannon, Edwin 
Skaggs, Robert (Bob) 
Sullivan, Katherine 
Walchuk, Don 



Public Information 

Delegate Katie Payne 

Public Information and Education and Public Lands 

Local Government 

Executive 

Public Information 

Natural Resources and Agriculture 

President Leo Graybill 

Revenue and Finance 

Public Health, Welfare and Labor 

Chief Clerk 

Natural Resources and Agriculture 

Natural Resources and Agriculture 

Delegates Drum and Felt and Revenue and Finance 

Legislative 

Dale Harris and Max Baucus 

Delegate Mansfield and Bill of Rights 

Judicial 

Public Information and Education and Public Lands 

Delegate Heliker and Public Health, Welfare and Labor 

Delegate John Toole and Education and Public Lands 

Bill of Rights 

Public Information 

Education and Public Lands 

Delegate Mike McKeon and Revenue and Finance 

General Government and Constitutional Amendment 

Public Information and Judiciary 

Dale Harris 



71 

SELECTED BIBLIOGRAPHY 

GENERAL SOURCES 

Cockhill, Brian E. "An Economic Analysis of Montana's Constitution." Master's th< 
University of Montana, 1968. 

Eastman, Elizabeth. "The 1971-1972 Montana Constitutional Convention." Montana Public 
Affairs Report, no. 9 (January 1972), pp. 1-4. 

Graybill, Leo, Jr. "The New Montana Constitution." State Government, Spring 1973, pp. 89-84. 

Harris, Dale A. "Constitutional Revision: The Montana Opportunity." Montana Business 
Quarterly. Summer 1970, pp. 12-21. 

Johnson, Charles S. "The Press and the Consitutional Convention." Montana Journalism 
Review, no. 17 (1974), pp. 53-58. 

League of Women Voters of Montana. A Constitutional Contention for Montana, Billings, 
January 1971. 

Montana. Constitution (1889). 

Montana. Constitution (1972). 

"The Montana Constitution." Montana Law Review, Winter 1972, pp. 1-186. 

Montana Constitutional Revision Commission. 1889-1970: The Montana Constitution: Resource 
or Burden? Missoula, 1970. 

Montana Constitutional Revision Commission. Montana Constitutional Revision, Bozeman: 
Cooperative Extension Service, Montana State University, 1970. 

Montana Legislative Council. The Montana Constitution. Helena. 1968. 

Montana State Archives. "Inventory, Records of the Constitutional Revision Commission 1969- 
1971." Records Series 20, Helena, 1974. 

Montana State Archives. "Inventory, Records of the Constitutional Convention Commission 
1971." Records Series 21, Helena, 1974. 

Montana State Archives. "Inventory, Records of the Constitutional Convention 1972." Records 
Series 22, Helena, 1974. 

Montana Superintendent of Public Instruction. Montana Constitutional Convention 
Instructional Idea and Resource File, Helena, 1972. 

"Montana's Proposed Constitution of 1972." Montana Public Affairs Report, no. 11 (April 1972), 
pp. 1-16. 

Payne, Thomas and Eastman, Elizabeth. "The Montana Voter and the 1972 Constitutional 
Election." Montana Public Affairs Report, no. 13 (December 1972), pp. 1-4. 

Proceedings and Debates of the Constitutional Convention. Helena: State Publishing Company, 
1921. 

Smurr, John W. "A Critical Study of the Montana Constitutional Convention of 1889." Master's 
thesis, Montana State University (Missoula), 1951. 



72 

Speer, Lucile. We, the People: An Introduction to the Montana Constitutional Convention, 
Bozeman: Cooperative Extension Service, Montana State University, 1971. 

Waldron, Ellis. "Constitutional Issues in Montana." Montana Public Affairs Report, no. 4 
(October 1968), pp. 1-8. 

Waldon, Ellis. "The Montana Constitution of 1972." National Civic Review, November 1972, pp. 
494-500. 

Waldron, Ellis. "Montana Constitutional Revision Issues in 1970." Montana Public Affairs 
Report, no. 7 (October 1970), pp. 1-4. 

Waldron, Ellis. "Montana's 1972 Constitutional Election." Montana Public Affairs Report, no. 12 
(June 1972), pp. 1-4. 

Waldron, Ellis. "The Role of the Montana Supreme Court in Constitutional Revision." Montana 
Law Review, Summer 1974, pp. 227-264. 

Waldron, Ellis. "Thinking About a New Constitution for Montana." Montana Business Quarterly, 
Autumn 1971, pp. 5-12. 



MONTANA CONSTITUTIONAL CONVENTION 
COMMISSION SOURCES 

Montana Constitutional Convention Commission. Memoranda, Helena, 1971. 

Memorandum Number 1: Memorandum on Constitutional Convention Rules 
Memorandum Number 1: (Supplement) Memorandum on Constitutional 

Convention Rules 
Memorandum Number 2: Constitutional Amendments 1889-1971 

Memorandum Number 3: A Collection of Readings on Recent Constitutional Re- 
vision Activities in the Fifty States 1967-1970 
Memorandum Number 4: Sources of the Montana Constitution 
Memorandum Number 5: Index to Proceedings and Debates of the 1889 Montana 

Constitutional Convention 



Memorandum Number 6 
Memorandum Number 7 
Memorandum Number 8 



The Constitutions of the Northwest States 

Selected Bibliography 

Memorandum on Convention Preparation Including 

Preparatory Research, Public Information Programs 

and Convention Arrangements 
Memorandum Number 9: Selected Readings on the Organization of Constitutional 

Conventions 
Memorandum Number 10: Legislative Reapportionment 

Montana Constitutional Convention Commission. Occasional papers, Helena, 1971. 
Occasional Paper Number 1: Montana Constitution of 1884 
Occasional Paper Number 2: Enabling Act for the Montana Constitutional 

Convention of 1889 
Occasional Paper Number 3: Montana Territory Organic Act 
Occasional Paper Number 5: Comparison of the Montana Constitution With the 

Constitutions of Selected Other States 
Occasional Paper Number 6: Legislative Council Report on the Montana 

Constitution 



:;; 



Occasional Paper Number 



Constitutional Provisions Proposed by Constitutional 
Revision I 'ommission Subcommittees 



Montana Constitutional Convention Commission. Studies, Helena, 1971. 
Study Number 1: Constitutional Convention Enabling Act 



Study Number 

Studv Number 



3: 



Study Number 6: 
Study Number 10: 
Study Number ! 11: 
Study Number ' 12: 
Study Number 13: 
Study Number 1 1: 
Study Number 15: 
Study Number 16: 
Study Number 17: 



The Constitution of Montana and the Constitution of 

the United Stati's 

A Collection of Readings on State Constitutions. Their 

Nature and Purpose 

New State Constitutions 

Bill of Rights 

Suffrage and Elections 

The Legislature 

The Executive 

The Judiciary 

Taxation and Finance 

Local Governments 

Education 



MONTANA CONSTITUTIONAL CONVENTION SOURCES 



Montana Constitutional Convention, Committee on Style, Drafting, Transition and Submission. 
Reports, Helena, 1972. 



Report Number 1 
Report Number 2 
Report Number 3 
Report Number 4 
Report Number 5 
Report Number 6 
Report Number 7 
Report Number 8 
Report Number 9 
Report Number 10 
Report Number 11 
Report Number 12 
Report Number 13 
Final Report 



Suffrage and Elections 

Constitutional Revision 

Legislative-Unicameral and Bicameral 

Executive 

Judiciary 

Natural Resources and Agriculture 

Revenue and Finance 

Bill of Rights 

Public Health, Welfare, Labor and Industry 

Education and Public Lands 

Local Government 

General Government 

Compact with the United States 



Montana Constitutional Convention, 
Committee Proposal Number 1 : 

Committee Proposal Number 2: 



Committee 
Committee 
Committee 
Committee 
Committee 
Committee 



Proposal Number 3: 

Proposal Number 4: 

Proposal Number 5: 

Proposal Number 6: 

Proposal Number 7: 

Proposal Number 8: 



Committees. Committee Proposals, Helena, 1972. 

General Government and Constitutional Amendment 

Committee Proposal on Suffrage and Elections 

General Government and Constitutional Amendment 

Committee Proposal on Constitutional Revision 

Legislative 

Executive 

Judiciary 

Natural Resources and Agriculture 

Revenue and Finance 

Bill of Rights 



74 



Committee Proposal Number 9 

( 'ommittee Proposal Number 10 

( 'ommittee Proposal Number 1 1 

( Ommittee Proposal Number 12 

( 'ommittee Proposal Number L3 



Public Health. Welfare, Labor and Industry 

Education and Public Lands 

Local Government 

General Government and Constitutional Amendment 

Compact with the United States 



Montana Constitutional Convention. Directory, Helena, 1972. 

Montana Constitutional Convention. Proposed 1972 Constitution for the State of Montana: 
Official Text With Explanation, Helena, 1972. 

Montana Constitutional Convention. Rules. Helena, 1972. 



Montana Constitutional Convention. Transcript of Proceedings, 12 vols, and index, 
Helena, 1972. 



7:. 



DELEGATE PROPOSALS 

MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 

DELEGATE PROPOSAL NO. 1 



DATE INTRODUCED: JAN. 20, 1972 



Referred tc Natural Resources and Agri- 
culture Ccirmittee 



A PROPOSAL FCE A NEW CONSTITUTIONAL SECTION ESTABLISHING PUBLIC 
POLICY ON ENVIRONMENTAL QUALITY. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Sectior. . ENVIRONMENTAL QUALITY. The public policy of 

the State of Montana and a matter of statewide concern is tc 
develop and maintain a high quality environment in order to 
assure for the people of the state, now and in the future, clean 
air, pure water, freedom from excessive ncise, and enjoyment of 
scenic, historic, natural, and aesthetic values. 

The legislature shall provide by law for the iaplemer.taticn 
and enforcement cf this public policy. 

Each person has the right to a healthful environment and 
each person has the responsibility to contribute to the preser- 
vation and enhancement of the environment. 

Each person may enforce the right tc a healthful environment 
against any party, governmental or private, through appropriate 
legal proceedings subject to reasonable limitation and regulation 
as the legislature say provide. " 

INTRODUCED EY: Z§Z_Ia£l_Eert he lson 



76 



DELEGATE PROPOSAL 
No. 2 - Water Fights 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 2 



DATE INTRODUCED: JAN. 2C , 1972 



Referred tc Natural Resources and Agri- 
culture Corrmittee 



A PROPOSAL 
BIGHTS. 



FOR A NEW CONSTITUTIONAL SECTION PROVIDING FOR WATER 



BE IT PROPOSED 
MONTANA: 



BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. There shall be a new Constitutional 
provide as follows: 



Section tc 



whet 

occu 

Mont 

sign 

dive 

occu 

recr 

high 

and 

Bene 

as h 



"Se 
her 
rrin 
ana ; 
if ic 
rsic 
r on 
eati 

wat 
rega 
f ici 
abit 



cticn _ 
cccurri 
g natu 

and th 
ant pu 
n or de 

public 
onal u 
er mark 
rdless 
al use 
at for 



ng o 

rail 

ose 

blic 

velo 

ci 
se 

reg 
of w 
of w 
fish 



SAT 
n th 

y o 

wate 
use 
ptnen 
priv 
of s 
ardl 
heth 
ater 
and 



ER. 
e s 
r a 
rs w 

may 
t wo 
ate 
uch 
ess 
er t 
s in 

wil 



All 
ur f ace 
rtif ic 
hich a 

be us 
rks, r 
lands, 
waters 
of w h e 
he bed 
eludes 
dlife 



cf 
or 

iall 

re 

ed b 

egar 
The 
and 

ther 

s an 
r ec 

and 



the wa 

under 

y, bel 

capable 

y the p 

dless c 

public 

their 

the w 

d banks 

reation 

scenic 



ter 
grcu 
ongs 
cf 

90pl 

f wh 
has 

beds 

ater 
are 
and 

wate 



in 

nd , 
tc 
su 

e wi 

ethe 
the 
and 

s a 
pri 
aes 

rway 



this 

and 
the pe 
bstant 
th or 
r the 

right 

banks 
re na 
vately 
thetic 
s. 



state , 

whether 

cple of 

ial cr 

without 

waters 

tc the 

tc the 

vigable 

cwned. 

s, such 



The use of all water now appropriated, cr that may hereafter 
be appropriated for sale, rental, distribution, or other bene- 
ficial use, and the right of way over the lands of others, fcr 
all ditches, drains, flumes, canals, and agueducts, necessarily 
used in connection therewith, as well as the sites fcr reservoirs 
necessary for collection and storing the same, shall be held tc 
be a public use. 

The legislature may provide either directly, cr indirectly 
through administrative agencies, for the control and regulation 
of both existing and future rights tc uses cf water." 



INTRODUCED BY: /s^_Earl_Be rthelson 



DELEGATE PROPOSAL 
Nc. 3 - Prohibit Death Penalty 



77 



MONTANA CONSTITUTIONAL CCNV'NTICN 

1971-1972 

DELEGATE PRCPCSAL NO. 3 



DATE INTRODUCED: JAN. 20, 1972 



Referred tc Bill cf Piahts Ccmiritte* 



A PROPOSAL EOF A NEW CONSTITUTIONAL SECTION TC PROHIBIT THE PEN- 
ALTY CE DEATH FOR ANY CRIME. 



3E IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 

KCKTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . Death shall not be prescribed as a penalty 

for any crime." 



INTRODUCED EY: Zs/_Cate Jt _Jercme_J i 

Z§Z_l£^_£lS-Efe§Ii 

/s/ George W. Rollins 
Zs^_Da£hne_Buq_bee_ 



Z§Z_AlIl£§_£Si£hert_. 
Z§Z_i5ae_Nan_ Robinson, 



7s 



DELEGATE PFCPCSAI 
No. 4 - Right tc Eear Arms 



P.CNTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE PROPOSAL NC . '4 



DATE INTRODUCED: JAN. 20, 1972 



Refined tc Bill cf Rights Committee 



III, 13 



A PROPOSAL AMENDING ARTICLE III, SECTION 13 OF THE CONSTITUTION 
OF THE STATE OF MONTANA TO PROVIDE THAT NC REGISTRATION, TRANSFER 
OF LICENSING REQUIREMENT, FEE OR TAX EVEh 3E IMPOSED 0EON THE 
RIGHT TO EEAF ARMS. 



BF IT 
MONTANA 



FROPOSEE E¥ THE CONSTITUTIONAL CONVENTION CF THE STATE CF 



Section 1. Article III, Section 13 cf the present Constitu- 
tion is amended to read as tellers: 

"Sec. 13. *4*e— ei^-ft*-- e-fc-*»^— pe*«-G-ft— fc«— k-*e-p-«*~ beat — sb&g — -i« 
d e f e ns e — -e-i — his— e-ws h o ai o, p o-E^ea 7 -aft4— p^e-pe-E-fe-y-/— eg— i«-ai-4-e£— fc-he 
e>4r¥41 power --w-ft-e-B— -^■e-Ee-fe-e— Ire^a-Jr-iry— e«««e«e4-y-e-fe a ^i-R«-fe-fe«—6^1J:-&4— i-R 
^«^e- t i cn T — fe-H4— ft'e4^4-ft^- hef e t -ft— 6e«%a4fi^4-6-k^^4-be — &ei4 — 4^ — -pe-£»i* 
*4»e — e^-E-E-yift-g— ©4-€-e**€€-*4re4— w-e-a-pe-R-s-r 

( 1 ) 21l£_iSalienable_riaht_of_the_indi vidua l_citizen_to_kee£ 

and bear_arms_f cr_the_def ense_of_himse If x _cthe r_£ersons x _and_t he 

§tate_shall_not_be_inf rin3e^_but_the_mili tar^_shall_te k€£t in 

st rict_subordinaticn_to_the_civi2_£Cwer . 



(2 
be_limi 
£cssess 
the_law 
scns x _a^ 
lecjally. 
achieve 
marksma 
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transf e 

ticn t 

citizen 
nition 



) The rig 

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nd_the_stat 

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_a level 

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ht_to_kee£_a 
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_of_himself x 
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ntin 
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hing_ 



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citize 
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_£IC£6 

_£ower 
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r_lawf 
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nclud 

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_ccm£ 
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whe 
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reto x 
ul_£u 

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other_£ 

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and 



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121 
er- 
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to 
for 

_NO 

si* 

ra- 
ual 
mu- 
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r^oseSi 
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ation x tra 



nsf er or 1 

ration_fge_i_ 
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r_cr_regist 

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_tc_aca 1 uire 
n and its components, but not 



; X _ transf er x _ 



rms x am 
"shall" 



DELEGATE PftCPCSAL 
No. U - Right tc Bear Arms 



79 



h^i3._iS_I§ISii_iilS_£SE£lilia_of _£cncealed_w_?a£ons i " 



INTRODUCED EY: Z§Z_Iarl_Berthelso2 



80 



DELEGATE PRCFCSAL 
No. 5 - Local Government 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE EBCPCSAI NO. 5 



DATE INTBCDOCED: JAN. 20, 1972 



Referred to Local Government Committee 



XVI, 5 

A PROPOSAL REPEALING ARTICLE XVI, SECTION 
OF THE STATE Of MONTANA. 



5 OF THE CONSTITUTION 



BE IT PROPOSED 
MONTANA: 



EY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 



Section 1. Article XVI, Section 5 cf the present Constitu- 
tion, which reads as follows, is repealed: 

"£e o . 5 -r — -ih-e-E-e- e h all be— e4-eG^-e4-arft— eaG-h-GG-B-ft4y-4b-e — #-e4~le*- 
i n g count y of-g^ee-t-s— wke-e^t-Hr-- p^eseee— fcke— gaa li f iGTa£i6fls~£Gg-G-a4- 

£~£a-ge p^eee-£i-feG4-b y -GO c tion -*— ei-az^ele-ZX— e-&-4-bie cob £444-^*6 a 

, ind su c h ot-k<^E-q-u-a-lr-i#-irerttionG ac m ay b-e-p-EG~6-6^i:fee4— by-4aw-t 

«»«-• e^**^y— €-te**-»fe«-eihaii— b-6-€le*Jt-©#—fe+»«-fe-&a€^ — G-f — GG-HR-fe-y 

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DELEGATE PROPOSAL 
No, 5 - Local Government 



HI 



s o u d t y T — f o r - a— ^e-E-ied of e-i-» — f-&) — -«-e^^«-«e*-fe-#©l-l-»*-i4»^— 4be-4d4-e-«4 
■a-afeg -y— ef ■ e a i4— e44-e-£i-" 



INTFCLUCED EY: Z§Z_N£§2._2kcii)as_^Kat ie"_J?.ay_ne 



82 



DELEGATE FFOPCSAL 
No. 6 - Local Charters 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DFLFGATE PFOPCSAL NO. 6 



uATE INTRODUCED 



JAN. 20, 



197: 



R^ferr^d tc Local Government Committee 



A PROPOSAL 
CHARTERS. 



FOR A NEW CONSTITUTIONAL SECTION PROVIDING EOF ICCAI 



BE IT PROPOSED 
MONTANA: 



BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. There shall te a new Constitutional 
provide as fcllcws: 



Section to 



"Section . LOCAL CHARTERS. (1) Any county or city may 

adopt or amend a charter for its own government, subject to such 
regulations as are provided in this constitution and may te pro- 
vided by general law. The legislature shall provide one or mora 
cpticnal procedures for nonpartisan election cf five (5), seven 
(7) or nine (9) charter commissioners and fcr framing, publishing 
and adopting a charter or charter aiierd CE^rt . 

(2) Upon resolution approved by a majority cf the members 
of the legislative authority cf the county or city or upon peti- 
tion of ten (10) percent of the gualified voters, the officer or 
agency responsible for certifying public questions shall submit 
to the people at the next regular election net less than sixty 

(60) days thereafter, or at a special election if authorized by 
law, the question "Shall a commission be chosen tc frame a char- 
ter cr charter amendments for the county (or city) of 
_?" An affirmative vote cf a majority of the qualified 
voters voting en the question shall authorize the creation of the 
commission. 

(3) A petition to have a charter commission may include the 
names of five (5), seven (7) cr nine (9) ccamissioners , to be 
listed at the end cf the question when it is voted en, so that an 
affirmative vote on the question is a vote to elect the persons 
named in the petition. Otherwise, the petition or resolution 
shall designate an optional election procedure provided by law. 

(4) Any proposed charter cr charter amendments shall be 



DELEGATE FFCFCSAL 
Nc. 6 - Local Charters 



s:i 



published by the ccuuission, distributed to the- qualified voters 
and submitted tc them at the next regular or special election net 
less than thirty days after publicati.cn. The procedure for 
publication and submission shall be as provided by law cr ty 
resolution of the charter commission not inconsistent with law. 
The legislative authority of the ccunty cr city shall, en request 
of the charter cemmission, appropriate money tc provide for the 
reasonable expenses of the cemmission and for the publication, 
distribution and submission of its proposals. 

(5) A charter or charter amendments shall become effective 
if approved by a majority vcte of the qualified voters voting 
thereon. A charter may provide for direct submission cf future 
charter revisions or amendments by petition cr ty resolution of 
the local legislative authority." 



INTRODUCED BY: Zs^_Mrs_._Thcmas_^Katie^_£a^ne 



si 



DELEGATE PROPOSAL 
No. 7 - Judicial Article 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 7 



DATF INTRODUCED: JAN. 20, 1972 



Referred tc Judiciary Ccumittee 



III 8, 23; VIII 



A PROPOSAL FOR A NEW JUDICIAL ARTICLE, AMENDING ARTICLE III, SEC- 
TIONS 8 AND 23, AND REPEALING ARTICLE VIII OF THE CONSTITUTION OF 
THE STATE OF MONTANA. 



PE IT PPOPOSED 
MONTANA: 



EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. There shall te a new Constitutional Article tc 
provide as fcllcws: 

"ARTICLE 

JUDICIAL DEPARTMENTS 

Section 1. The Judicial power of the state shall be vested 
in tha senate sitting as a court of iirpeachment , and in a Supreme 
Court and district courts which shall be courts cf reccrd. 



SUFREMF COURT 

Section 2. The Supreme Ccurt, except as otherwise provided 
in this constitution, shall have appellate jurisdiction, which 
shall te coextensive with the state, and shall have a general 
supervisory and administrative control ever all inferior courts. 

Section 3. The Supreme Court may appoint an administrative 
director and staff, who shall serve at its pleasure, to assist 
the court and the chief justice in the performance of adainistra- 

tive duties. 

Section 4. The Supreme Court shall have power tc make and 
promulgate rules and regulations in all civil and criminal cases 
for all courts relating to practice, procedure, pleading, evi- 
dence, and judicial administration, which shall have the force 
and effect of law. 



DELEGATE PECECSAL 
No. 7 - Judicial Article 



85 



Section 5. The appellate 
shall extend tc all cases at law 
to such limitat icns and regulati 
Said court shall have power 
hear and determine writs of hate 
ranto, certiorari, prohibition 
and such other original and reme 
proper to the complete exercise 
Each of the justices of the 
issue writs of habeas corpus tc 
ticn by or on behalf of any pers 
may make sucfi wiits returnable b 
writs may be heard and determine 



jurisdiction of the 
and in equity, sub 
ens as may be presc 
in its discretion t 
as ccrpus, man dam 
, injunction, super 
dial writs as may b 
of its appella te 
Supreme Court shall 
any part of the sta 
en held in actual 
efore the Supreme C 
d by the court. 



Supreme Court 
ject, however, 
ribed by law. 
o issue ard tc 
us, quo war- 
viscry ccntrcl 
e necessary cr 

jurisdiction. 

have power to 
te, upon peti- 

custcdy, and 
ourt, and such 



tree =i 

necess 

more o 

to a 

power 

case 

qualif 

rema in 

more o 

case 

of whi 

in the 

is in 

decisi 

force 

larly 

chief 

In ca 

presid 



ection 6. The Supreme Court shall cc 
nd four associate justices, a majority 
ary tc form a qucrum cr pronounce a 
f said justices may adjourn the court 

day certain, and the legislative as 
tc increase the number cf associate ju 
any justice of the Supreme Court sha 
ied to sit in a cause brought befc 
ing justice or justices shall have po 
f the district judges of this state as 
may be necessary tc constitute the fu 
ch the said court shall then be cempes 

hearing cf said cause. In all cases w 
vited to sit and dees sit as by this 
on and opinion of such district judge 

and effect in any cause heard before 
participated in by a justice of the 
justice shall preside at all sessions 
se of his absence, he shall appcint an 
e in his stead. 



nsist of a chief jus- 
cf whem shall be 

decision, but cne cr 
from day tc day, cr 
sembly shall have the 
stices tc six. In 
11 be in any way dis- 
re such court, the 
wer tc call on cne cr 
in the particular 
11 number cf justices 
ed , to sit with them 
here a district judge 
section provided, the 
shall have the sane 
the court as if regu- 

Supreme Court. The 
of the Supreme Ccurt. 

associate justice tc 



Section 7. There shall be a clerk of the Supreme Ccurt. He 

shall te appointed by and hold his office at the pleasure of the 

Supreme Court. His compensation shall be fixed by law, and his 
duties by the rules cf the Supreme Ccurt. 

DISTBICT CCUETS 



Section 8. The district courts shall have original juris- 
diction cf all justiciable matters, both civil and criminal, 
including jurisdiction to issue original and remedial writs. 
Their process shall extend to all parts of the state, and injunc- 
tions, writs of prohibition and habeas corpus, may be issued ard 
served on legal holidays and nonjudicial days. Jurisdiction to 
review administrative action shall be provided by law. They shall 
have power of naturalization, and tc issue papers therefcr, i 
all cases where they are authorized to do so by the laws of th 
United States. 



in 
e 



Mi 



DELEGATE FBOPCSAL 
No. 7 - Judicial Article 



the 

fcr 

crea 

appo 

assi 

the 

cifflOU 

comm 
juri 

to t 

or 

appo 



trie 

numb 

or 

may 

prcv 

bye 

numb 

the 

No c 

of 

judg 

judg 

four 



Sect 
appr 
di vis 
te o 
inted 
gned 

judg 
nting 
ittin 
sdict 
hem a 
judge 
int in 



ion 9. 
oval o 
ions an 
ne or 

by the 
to such 
e cr 

tc fel 
g and 
ion of 
nd shal 
s. Cora 
g judge 



The 

f th 

d as 

mor 

dis 

rrat 

judg 

cnie 

exa 

dist 

1 se 

pens 

or 



judge 
e chie 
sign j 
e tnag 
trict 
ters a 
es of 
s in 
mining 
rict c 
rve at 
ation 
judges 



cr jud 

f justi 

udges t 

istrate 

judge o 

nd such 

each 

which 

courts 

ourts i 

the pi 

of ma 



ges 

ce c 

c pa 

s ' o 

r ju 

cas 

dis 

mag 

. Pa 

n al 

easu 

gist 



cf eac 
f the 
rticul 
f f ices 
dges c 
es as 
trict , 
istrat 
gistra 
1 matt 
re cf 
rates 



h di£ 
Supre 
ar t y 
. Mag 
f ea 
shall 

exce 
es n 
tes s 
ers a 
the 

shal 



trict 
ne Ccu 
pes cf 
istrat 
ch di 
be pr 
ct cri 
ay ac 
hall e 
n d cas 
appcin 
1 be f 



may 
rt, 

cas 
es s 
stri 
escr 
mina 
t c 
xerc 
es a 
ting 
ixed 



, with 
provide 
es and 
hall be 
ct and 
ibed by 
1 cases 
nly as 
ise the 
s s i g n e 3 
judge 
ty the 



Sec 
ts 

er o 
deer 
di vi 
ided 
ount 
er o 

leg 
hang 
the 
e fr 
es 

yea 



tion 
as p 
f jud 
ease 
de th 
tha 
y lin 
f jud 
islat 
e in 

numb 
om of 
there 
rs. 



10. 
re vi 
ges 

the 
e st 
t ea 
es . 
ges 
ure 
the 
er 
f ice 



The St 
ded b 
prcvid 
numb 
ate or 
ch be 
Change 
therei 
at the 
number 
of ju 
. Such 
shall 



ate 
y la 
ed b 
er o 

any 
form 
s by 
n sh 

leg 

or 
dges 

cha 

not 



shal 
w, i 
y la 
f ju 

par 
ed c 

the 
all 
isla 
bcun 
/ s 
nge 

tak 



1 be 
n ea 

W. 1 

dges 
t t 
f cc 
Sup 
be e 
tive 
dari 
hall 
in 
e pi 



divid 
ch of 
he Sup 

in an 
hereof 
mpact 
reme C 
f fecti 

sessi 
es of 

have 
distri 
ace uc 



ed 

whic 

reme 

y ju 

, i 

terr 

curt 

ve 

on f 

dist 

the 

cts 

re f 



into 
h th 

Ccu 
dici 
n tc 
iter 

in 
unle 
cllc 
rict 
effe 

or 
regu 



jud 
ere s 
rt ma 
al di 

ne w 
y and 
distr 

wing 
s cr 
ct cf 

the 
ently 



lcia 
hall 

y i 

stri 
dis 
be 

icts 

e jec 

the 
dim 
rem 
hub 
tha 



1 dis- 
be the 
ncrease 
ct, and 
tricts, 
bounded 
cr the 
ted by 
change, 
inution 
cving a 
ber of 
n every 



Section 11. There shall be a clerk cf the district court in 
each ccunty. He shall be appointed by the judge cr judges cf the 
district in which the county is situated and shall held his 
office at the pleasure of that ccurt. Deputy clerks may te 
appointed by the judge or judges cf each district, and shall hold 
office at the pleasure of the appointing judge or judges. The 
number of deputy clerks to be appointed shall be subject tc the 
approval of the chief justice of the Supreme Ccurt. The duties of 
clerks and deputy clerks shall be prescribed by the appointing 
judge or judges. 

QUALIFICATIONS, SELECTION AND REMOVAL OF 

JUSTICES, JUDGES AND MAGISTRATES; 

JUDICIAL COUNCIL 



Section 12. Nc person shall be eligible tc the office cf 
justice cf the Supreme Court, judge cf a district ccurt, cr dis- 
trict court magistrate, unless he shall have been admitted to 
practice law in the Supreme Court cf Montana, and be a citizen cf 
the United States, except that a district court magistrate need 
not have been admitted to the practice cf law if a judge cf the 
district for which the appointment shall have been made shall 
certify that nc person who has been admitted to the practice cf 



DELEGATE ERCECSAL 
Nc. 7 - Judicial Article 



-7 



law in 
such cer 
Ccurt c 
justice 
years o 
years n e 
tc the c 
unless 
resided 
a ppcintm 
dents cf 
their a 
judge sh 
his term 



the 
tif i 
f M 
cf t 
f a 
xt p 
ffic 
he 

with 
ent . 

the 
ppoi 
all 

of 



Supre 
caticn 
cntana 
ha Sup 
ge an 
r ecedi 
e cf d 
shall 
in the 
Cist 

distr 
n t m e r. t 
reside 
office 



me C 

wit 
N 
renie 
d s 
ng h 
istr 

be 

sta 
rict 
ict 
, b 

in 



curt 
h an 
o pe 

Cou 
hall 
is a 
ict 

at 
te a 
ju 
for 
ut 
the 



cf Mo 
d secu 
rson s 
r t unl 

have 
ppoint 

judge 
least 
t leas 
dges 
which 
after 
d i s t r 1 



n tana 
re the 
hall fc 
ess he 
reside 
ner.t. 

cr 
twenty 
t cr. e 
and tea 
they a 
his a 
ct for 



is ava 

apprc 
e elig 

snail 
d in t 
Nc per 
distr i 
-five 

year 
gistra 
re chc 
ppciDt 

which 



ilab 

val 

lLle 

be 
he s 
sen 
ct 
year 

nex 
tes 
ser. 
men t 

he 



le a 

of 
to 

at 

tate 
shal 
ccur 
s cf 

t F 
need 
at 

a d 
was 



nd sha 

the 
the of 
least 

at le 
1 be e 
t mag 

age a 
reced i 

not b 
the t 
istric 
c h c s e n 



11 file 

Supreme 
fice of 

thirty 
ast twe 
ligible 
istrate 
nd have 
r. g his 
e resi- 
ime cf 
t court 

during 



Section 13. There shall be a nenpartisac Judicial Council, 
cempesed cf members divided egually between the judiciary, the 
bar and the public. Ihe Legislature shall prcvide the numbers, 
qualifications and method of selection. The chief justice cf the 
Supreme Court shall be a member and chairman cf the Council. The 
Council shall appoint the following ccsmittees and establish 
their procedural regulations: 

(1) A Ncninating Committee. A majority of the Cciirittee 
shall be members of the public and the remainder shall be members 
of the bar and ncne of the Committee shall be members cf the 
legislative, executive cr judicial tranches of government. 

All vacancies for chief justice and associate justices cf 
the Supreme Ccurt and district court judges shall be filled by 
appointment by the Governor from a list submitted to him by the 
Nominating Committee of net less than two nor mere thaE four 
gualified nominees for each vacancy. Justices and judges 
appointed by the Governor shall serve such terms as shall be 
fixed by law. Each justice cr judge who desires tc retrain in 
office upon the expiration of his term shall be subject to 
approval cr rejection in an uncontested general election en a 
nonpartisan ballot, as the legislature shall prcvide. 

(2) A Research and Qualifications Ccmmittee. A majority of 
the Committee shall be members of the judiciary and bar and the 
remainder shall be members cf the public. Members cf this Commit- 
tee may also te members of the Nominating Committee. 

The Committee shall have the power to investigate, upon com- 
plaint by any citizen or en its own motion, charges which would 
be the basis for retirement, censure, or removal cf any justice, 
judge or magistrate. For this purpese, it shall be authorized to 
conduct hearings and subpoena witnesses and documents. Such pro- 
ceedings shall be confidential. Upon finding charges tc te well 
founded, the Committee shall file a fcr*al complaint befcre the 
Supreme Court. The Supreme Court shall hear such complaint, and 
if it be substantiated may retire, censure, cr remove from office 



88 



DELEGATE FFOFGSAL 
No. 7 - Judicial Article 



any justice, judg a , cr magistrate. If the cctrplaint te against a 
justice, the court shall call in a district judge as provided in 
Section b of this article. 

The Pesearch and Qualif icaticrs Committee also shall conduct 
continuing studies of the administration of justice in Montana 
and shall report to the legislature and to the Suprerce Court as 
provided by law. Its studies shall include, tut not be limited 
to, rules of procedure, practice, pleading, and evidence, the 
division of the state into judicial districts and the number of 
judges to be assigned to each district, and methods for the 
improvement cf the administration of justice. 

MISCELLANEOUS PBCVISICKS 

Section 14. The justices cf the Supreme Court and the judges 
of the district courts shall be paid by the state a salary which 
shall net be diminished during the term of office. Cther ccsts cf 
the judicial system shall be bcrne by the state, cr ty the state, 
counties, cities and towns in such proportions and in such manner 
as the legislature shall provide; and revenues from fines and 
fees charged by the courts cf Montana shall te distributed as the 
legislature shall provide. 

Section 15. No justice of the Supreme Court ncr judge or 
magistrate shall accept or receive any compensation, fee, allow- 
ance, prerequisite cr emolument fcr or en account of his office, 
in any form whatever, except mileage, per diem and salary pro- 
vided ty law. 

Section 16. No justice or clerk cf the Supreme Court, nor 
judge cr clerk cf any district court shall act cr practice as any 
attorney or counsellor at law in any court of this state cr held 
any public office during his continuance in office. This prohibi- 
tion shall net apply to magistrates or deputy clerks of district 
courts . 

Section 17. Each municipal court judge, police judge, and 
justice cf the peace, in office at the effective date cf this 
article shall continue to held office and perform his present 
judicial functions until the expiration of his term. Each Supreme 
Court justice and district court judge in office on the effective 
date cf this article shall continue to hold office and perform 
his judicial functions until rejected, removed, cr retired as 
provided in Section 13. 

Section 18. On the effective date of this article: 



(1) Each court into which jurisdiction of cther courts is 
transferred shall succeed to and assume jurisdiction of all 
causes, matters and proceedings then pending, with full pewer to 
carry into execution or otherwise give effect to all crders, 
judgments and decrees entered by the predecessor courts. 



EELEGA1E PFOFCSAl 
No. 7 - Judicial Article 



89 



(2) The files, bocks, papers, records, documents, moneys, 
securities, and ether property in the possession, custody cr 
under the control ci courts hereby abolished, cr any officer 
thereof, are transferred tc the district court; and thereafter 
all proceedings in all ccurts shall be Batters of record." 



Section 2. Article III, Section 
tier, is amended to read as follows: 



8 of 



present Ccnstitu- 



"Sec. 8. €^i»irft~Ai — el4«fts«s — -e-i — #-lHrek-j»6*ie9 J -€-6©-Hf-fet-sfl4 

4-a*ie4-i€-fe-ire-a-y — sfc-a-i-i-y-i-ft — a!4 — •e-G^-E^s — -inf oriot — ■*« — 4-k-e — «-ie*-ei€-fe 
€-e-a^% T — 4>e — •£te&ee«*e4— ky— ee«-|si-a-i-&4-i — A-14~ e-E-i#ifla-l-a€*4-e-B€ — i*— te-k« 
44s-fcf 46-%-go « e % T - £-*€■€ p-fe-^-kes-e— e-B— a-jSf -e-a4 y — e-&a44 — -fe-e p-E^ e e ^ t ^ ^ — -fc-y 

a~#%-e-e — -te-av-e — g-e^»-fe-e4 — -fey — %-h-e — €-e-»-E% x — e-E— e^-a l - 1 -fc© proe-6€-H4-e4— £y 
i»4i€*«efi*r-#-i%-fe-6«%-e«eti— ©#-a-ffii-Bd-t-i-G* — e^ — -e-e««i-t«€ft± T — e* — -wi-fe-h-e-e-fe 

•&e^fe — -i-ea-v-e — e~t — -%£« — €««€£, A— g-sa-B^ — j»tf-€4»J4-€^fl€4{4-€ f c € -vea 

p-?-Ese*6 T -e~§— w-4««— E±v~e— «««-%— €«-ft€-B-E— te — Ei-B4-a-R-4ft4-i-e-fe#e-ft*T Criaira 1 

£!§£§_ no t_amounting__to_f elonjr_sha^l_be_^csecuted fcy ccm^laint .. 

Felony cases__shall be £££secuted_t.y_in f cr mat icn x _af t^r_exaffi- 

Haiicil_iIl^_££SiiiHIl£_2§_i.£2^i^iS_tl_la w x _cr_af ter_lea ve__3ranted 
ty_ the court x _cr_shal^be_£rosecuted_t^_indic 

grand jury shall only be drawn and summoned when a district judge 
shall, in his discretion, consider it necessary, and shall so 
order. " 



Section 3. Article III, Section 2. 
tion is amended to read as fcllcws: 



cf the present Ccrstitu- 



"Sec. 23. The right of trial Ly jury shall be secured to 
all, and remain inviolate, but in all civil cases and in all 
criminal cases not amounting to felcny, upon default cf appear- 
ance, cr by consent of the parties expressed in such manner as 
the law may prescribe, a trial ty jury may be waived, cr a trial 
had by any less number cf jurcrs than the number provided by law. 
A — ^.a^-i-ft-^ — 4^i€-feir6G-te-€e«f47— be% h - in civil c a se s — a-R4-4-R- €-a€-e~6-«4 
6g4r«4fi^4-ai6de«€a-B»E T — g-ba4J:-e€nei c4—& i - n o t-««E-&-%-t»a -ft— e i^t- fcrco -R -e -r 

In_civil_cases_where_the_suB_claimed_cr_the the value cf that 

whj.ch_~is claimed by_ the^laintif f x _nct_ircludina_interest_ard 

costs x _dcj?s_not_exceed_ten thousand dollars^. and in criminal 

cases not amcuntinci_tc_f eIon^ x _a_jur^_shall_ccnsist_cf _rct_mcre 

than_six_£ersons.. In all civil ae-te-i-e-B-e cases and in all criminal 
cases "not amounting tc felony, two-thirds in number cf the jury 
may render a verdict, and such verdict so rendered shall have the 
same fcrce and effect as if all such jury concurred therein." 



Section <4. Article VIII 
repealed in its entirety. 



of the present Constitution is 



DELEGAIE PROPOSAL 
^® No. 7 - Judicial Article 

INTBODUCED EY: Zs^/_E arl_Bjrt helson 
Z^Z_Ca therine_Pemfcerton 



DELEGATE PFCPCSA1 
No. 6 - Recall cf Public Officer; 



9] 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 6 



DATE INTRODUCED: JAN. 21, 1972 



Referred to General Government and Con- 
stitutional Amendment Ccumittee 



A FROPOSAL EOR A NEW CONSTITUTIONAL SECTION FRCVIDING ECR FECALL 
OF PUELIC OFEICERS. 



3E IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . RECALL. Each elected public official cf the 

state and of its political subdivisions is subject to recall by 
the voters of the area frens which he is elected in the manner 
provided by the legislature." 



INTRODUCED BY: Z§Z_Fred_J.._Martin 
/s^_ Richard , E.._gceder 
/s^_J i _Mascn_Melvin 



^s^_Corothj[__Eck 



92 



No. 



EELEGATE PPOFCSAL 
9 - Local Government Powers, Eistricts 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1572 

EELEGATE FRCPCSAI NC. 9 



DATE INTRODUCED: JAN. 21, 1972 



Referred to Local Government Cccmittee 



A PROPOSAL FOR 
WENT POKERS IN 



A NEW CONSTITUTIONAL 
EISTRICTS. 



ARTICLE VESTING LOCAL GOVERN- 



BE IT PROPOSED 
MONTANA: 



BY THE CONSTITUTIONAL CONVENTION C? THE STATE OF 



Section 1. There 
provide as follows: 



shall te a new Constitutional Article to 



"ARTICIE 



LOCAL GOVERNMENT 



Section 
divided intc 



1. CREATION 
districts. 



OF EISTRICTS. The state shall 



te 



Section 2. AUTHORITY Of EISTRICTS. Each district shall be a 
body politic and corporate and have full gcver nmental authority 
except to the extent to which that authority is in this constitu- 
tion reserved to the state cr otherwise restricted. 

Section 3. BOARD OF SUPERVISORS. The authority of the dis- 
trict shall be exercised through a board cf supervisors consist- 
ing of five members elected in the district at large for overlap- 
ping six year terms. 

The legislature may prescribe the manner in which district 
authority is to be exercised, insofar as necessary fcr reasonable 
uniformity among the districts. 

Section 4. IMPLEMENTATION. Counties, cities, schcel dis- 
tricts and other local subdivisions existing en the effective 
date of this constitution shall continue to exercise their powers 
and functions under present law pending enactment of legislation 
to carry cut the previsions of this constitution; but new sub- 
divisions shall be created only in accordance with this constitu- 
tion. 



DELEGATE EFCFCSAL 
No. S - Local Government Powers, Districts 



93 



In 
1980, a 
that da 
self-exe 
with sha 
necessar 
particul 
state s 
division 
respecti 
responsi 
of the 
be fille 
ing or e 



event 
nd t 
te b 
cutir. 
11 ex 
y f c 
ar so 
hall 
s the 
ve d 
tie f 
seve 
d as 
xisti 



such 
ransit 
ecctee 
g, al 
pire e 
r the 
bdi vis 

beccffi 
rein s 
istric 
or the 
ral ie 
in the 
ng the 



legi 
ion 
aut 

1 P 

xcep 

di 
icn s 
e a 
hall 
ts 

crd 
embe 

cas 
rein 



slat 

ther 
coat 
rese 
t fo 
scha 
. sa 
dist 
be 
shal 
erly 
rs c 
e of 



icn h 
eunde 
icall 
ntly 
r the 
rge 
ch of 
rict 

mer 
1 be 

liqu 
f dis 

vaca 



as no 
r ef f 

y a 
exist 

purp 

of an 

the 
under 
ged 
the 1 
idati 
trict 
ncies 



t bee 

ec ted 
nd 

ing 1 

cse o 

y cut 

exis 

this 

in s 

awful 

on th 

boar 

cthe 



r. ena 
, thi 
fully 
aws i 
f an 
stand 
ting 

arti 
uch 

succ 
ereof 
ds of 
rwise 



cted 
s ar 
e 
cccn 
d t 
ing 

ecu 
cle, 
dist 
esse 
; ar 
sup 
crd 



by Ja 
tide 
f fecti 
sisten 
c the 
chliga 
nties 

exist 
rict 
rs the 
d the 
ervisc 
inaril 



ruar 
shal 

V€ 

t th 
ex 

tion 

cf 
ing 
and 
retc 

eff 
rs s 

y a 



y n 

1 en 

and 

ere- 

tent 

s cf 

the 

sut- 

the 

and 

ices 

hall 

ris- 



I 
part o 
early 
the g 
with p 
sutaiis 
endus; 
missio 
less 
and a p 
ity as 
as or 
such s 
this 
self— e 
sions 
automa 
provis 
time f 



n an 
fad 
lecal 
ualif 
roced 
sion 

ar.d 
n in 
be ad 
plied 

if s 
igina 
ubitis 

arti 
xecut 
hereo 
tical 
ions 
ixed 



y c 

istr 
i ap 
ied 
ures 
of q 
if s 
subd 
apte 

as 
uch 
lly 
sion 
cle 
ing, 
f fi 

iy 

shal 
ther 



cunt 

ict 

leme 

ele 

und 
uest 
uch 
ivis 
d tc 
so a 
adap 

est 

is 
sh 

in 
xing 
effe 
1 be 
ein. 



y w 
esta 
ntat 
ctcr 
er t 
iens 
proc 
ions 

the 
dapt 
tati 
abli 
deci 
all 
acco 

a d 
ctiv 

app 

wit 



hich 
tlis 
ion 
s c 
his 
tc 
edur 
sue 
ext 
ed w 
en h 
shed 
ded 

th 
rdan 
ef in 
e a 
lied 
hin 



has 
hed u 
cf th 
f the 
const 
pepul 
es dc 
h as 
ent n 
ith t 
ad be 

cr e 
in th 
ereup 
ce wi 
ite t 
nd s 

but 
such 



net 
nder 
is a 

ccun 
ituti 
a r vc 

not 
ccunt 
ecess 
he sa 
€n in 
nacte 
e aff 
en b 
t h an 
ime f 
elf-e 
withe 
ccunt 



alrea 
this 
rticl 
ty at 
en or 
te ty 
cake 
ies t 
ary t 
ie fc 
corpc 
d. If 
irraat 
eccme 
d as 
cr su 
xecut 
ut re 

y. 



dy b 

arti 

e ea 

any 

any 

ini 

prcv 

he s 

here 

rce , 

rate 

sue 

ive, 

f u 

set 

ch 

ing, 

gard 



ecoae 
cle t 
y be 

time 

appl 
tiati 
isicn 
ase s 
f cr a 

effe 
d in 
h que 

the 
lly 
f crth 
artic 
and 
to 



a d 
he q 

sub 

in 
icab 
ve 

for 
hall 
nd i 
ct a 
the 
stic 
prov 
effe 

in 
le 
al 

the 



istr 
uest 
aitt 
accc 
le 1 
cr 
sue 
ne v 
tple 
nd 

prcc 
n up 
isic 
ctiv 
the 
to 

1 c 
de 



ict cr 
icn cf 
ed to 
rdance 
aw f cr 
ref er- 
h sub- 
erthe- 
aerted 
valid- 
edures 
or. any 
rs cf 
e and 
provi- 
become 
f such 
finite 



Section 5. FIBST ELECTION CF SUPERVISORS. Of district 
supervisors first elected the term cf effice cf the successful 
candidate receiving the highest number cf votes shall be six 
years, the ters of each of those twe receiving the next highest 
nuBbers shall be fcur years and the terra of each of the twe suc- 
cessful candidates receiving the lewest ruabers of votes shall be 
twe years." 



INTRCCUCED BY: Z§^_l£ank_Arness 



HI 



DELEGATE PRCPCSAI 
Nc. 10 - Equal Rights 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NC. 1C 



DATE INTRODUCED: JAN. 21, 1972 



Referred tc Eill cf Rights Committee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING FOR EC.UA1 
RIGHTS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . EQUAL RIGHTS. Equality of rights under tha 

law shall not fce denied or abridged by the state of Montana en 
account cf sex." 



INTRODUCED BY: Z§Z_Vircjinia_H i _Elend 



DELEGATE EECFCSAL 
No. 11 - Public Schools, Funding 



95 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1^2 
DELEGATE FRCFCSAL NO. 11 



DATE INTROCUCED: JAN. 21, 1972 



Referred to Education and Revenue e 
Finance Committees 



A PROPOSAL FCR A NEW CCNSTITDTICNAL SECTION PROVIDING FOR FULL 
STATE FUNDING OF ALL FREE PUELIC SCECCIS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fcllcws: 

"Section . All funds, both operational and capital, tc 

support the free public schools shall be appropriated by the 
Legislature. No real or personal property taxes say be used to 
support free public schools." 



INTRODUCED EI: Zs/_Virainia_H i _E lend 



'.«; 



DELEGATE PROPOSAL 
Nc. 12 - Environment 



MONTANA CONSTITOTICNAI CONVENTION 
197 1-1972 
DELEGATE PROPOSAL NC. 12 



DATE INTRODUCED: JAN. 21, 1972 



Referred tc Natural Resources and Agri- 
culture Cotrmittee 



A PROPOSAL 
RCNMENT. 



FOR A NEW CONSTITUTIONAL ARTICLE PROTECTING TEE ENVI- 



BE IT PROPOSED 
MONTANA: 



EY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 



Section 1. There shall be a new Const ituticnal Article tc 
provide as fcllcws: 

"ARTICLE 

ENVIRONMENT 

Section 1. ENVIRONMENT A PUE1IC TRDST. The common heritage 
of mankind teing an environmental life support system upon which 
the health and welfare of the people of this state is dependent, 
the maintenance of the integrity cf this system for the benefit 
of present and future generations is declared to be a public 
trust. 

Section 2. PUBLIC TRDST COMMON PROPERTY. This public trust 
is the common property cf the people cf this state, inseparable 
from the general welfare and other than for uses of demonstrably 
important public purpose beneficial to the general welfare of the 
people of the state, shall not be usurped by an entity without 
just compensation . 

Section 3. RIGHTS OF INDIVIDUALS. Each person has an 
inalienable right tc the unimpaired enjoyment. of this public 
trust and snail be entitled tc enforce this right on his own 
behalf and on behalf of ethers against any entity through appro- 
priate legal proceedings." 



INTRODUCED EY : /s/ Jerome, J. „Cate 



DELEGATE PECPCSAI 
No. 13 - Age cf Adults 



!»7 



FCNTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
EELEGATE PROPOSAL NC. 13 



DATE INTFODUCEE: JAN. 21, 1972 



Referred tc Eill cf Rights Committee 



A PROPOSAL FOR A NEW CONST ITUTICNA L SECTICN BAKING ALL FEFSONS 
OVER EIGHTEEN (18) YEARS CF AGE AECLTS FOR ALL PURPOSES, INCLUD- 
ING THE RIGHT TO HOLD ANY PUBIIC CFFICE. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . Persons eighteen (18) years of age are 

declared to be adults for all purposes and shall have the right 
tc held any public effice in the state." 



INTRODUCED EY: Z§Z_Bob_Cam£bell 

/s/_ Dorothy T £ck 

/s/ LyleR. , K on roe 



^s^_»ike_RcKegn 
^s^_Dcn_Fcster_ 



9H 



DELEGATE PECPCSAI 
No. 14 - Privacy 



PCNTANA CONSTITUTIONAL CONVENTION 
1971-1 972 
DELEGATE PROPOSAL NO. 14 



DATE INTRODUCED 



JAN. 2 1, 1972 



Referred tc Bill cf Fights Committee 



III, 7 



A PROPOSAL AMENDING ARTICLE III, SECTION 7 OE THE CC NSTIT UT ICN CF 
THE STATE OF MONTANA TO FhOHIEIT I hTEFCEPTION OE PRIVATE COMMUNI- 
CATIONS WITHOUT A VALID SEARCH WARRANT. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. Article III, Section 7 of the present Constitu- 
tion is amended to read as follows: 

"Secticr. 7. Ihe people shall te secure in their persons, 
papers, homes, and effects, frcm unreascnatle searches and 
seizures, invasicns_o^_£r ivac^ x and no warrant to search any 

place x __ut ilize electronic or cther_Beans_tc_iEterce£t_oral_cr 

2i^§£_2£SSliIli23ii2S§x or seize any person or thing shall issue 
without describing the place tc te searched, or the person or 
thing to be seized, nor without probable cause, supported by oath 
or af f ir &a ticn, reduced to writing." 



INTRODUCED BY: ZS^_Bob_CajB£bell 

/s i /_Dorothx_l£iS 

/s^_D i _A i _Scanlin 

/s/ Harshall_Murray_ 

/s/_Jerome_J_._C_ate 



/s J /_Cedor_E i _Aroncw 

/s^. RcbertJ. VerBJllion 

/s/_Mike_Bcfeon 

/s^_l^le_R i _Mcnrce 



DELEGATE FPOPOSAL 
No. 15 - Lands 



W 



MONTANA CONSTITUTIONAL CCNVENTICN 
1971-1972 
DELEGATE PROPOSAL NO. 15 



EATE INTEOEOCEE: JAN. 21, 1972 



Referred to Bill of Eights 
Drafting Committees 



and Style 6 



A PEOPCSAL FOB A NEW CONSTITUT 1CNAL SECTION INCORPORATING THE 
INTENT CF ORDINANCE NO. 1 OF THE 1889 CONSTITUTION. 



BE IT ERCPOSED 
MONTANA: 



EY THE CONSTITUTIONAL CCNVENTICN OF THE STATE CF 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 



"Section . The people 

agree and declare that they f 
to the unappropriated public 1 
thereof, and to all lands lyi 
by any Indian or Indian tribes 
shall have been extinguished b 
be and remain subject to th 
and said Indian lands shall re 
ticn and control of the Congr 
lands belonging to citizens of 
out the State of Montana, shal 
the lands belonging to reside 
imposed by the State of Montan 
belonging tc, or which say he 
States or reserved for its use 
shall preclude the State of 
are taxed any lands owned or h 
his tribal relations and has 
from any person a title theret 
and except such lands as 
Indian or Indians under any ac 
sion exempting the lands t 
last named lands shall be exem 
Montana so long and to such 
prescribe. " 



inhabiting the 
crever disclaim 
ands lying wit 
ng within said 
, and that unti 
y the United St 
e disposition c 
main under the 
ess cf the Unit 

the United Sta 
1 never be taxe 
nts thereof; th 
a on laEds c 
reafter be pure 
But nothiD 

Montana from t 
eld by any Indi 

obtained from 
o by patent or 
have been or m 
t of Congress c 
hus granted fro 
pt frcm taxatic 

extent as such 



State o 

all righ 
hir the 
lisits cw 
1 the tit 
ates, the 
f the Uni 

absolute 
ed State 
tes, resi 
d a highe 
at no tax 
r proper 
hased by 
g herein 
axing as 
an who h 
the Unite 

other g 
ay be gra 
ontaicing 
m taxatic 
n by the 

act cf C 



f Mc 
t and 
boun 
ned o 
le t 
same 
ted S 

jur 
s, th 
ding 
r rat 
es sh 
ty t 
the 

ccn 
other 
as s 
d Sta 
rant, 
nted 

a 
n, bu 

Sta 
cngre 



ntana, 

title 
daries 
r held 
hereto 

shall 
tates, 
isdic- 
at the 

with- 
e than 
all be 
herein 
United 
tained 

lands 
evered 
tes or 
save 
tc any 
provi- 
t said 
te of 
ss may 



1(111 



LFLEGATE EFCFCSAL 
Nc. 15 - lands 



INTF.CDUCED BY: Z5Z_£i_ii_Scan li n 



CELEGATF EFCECSAL 
Nc. 16 - State Revenues, Earmarking 



nil 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE FBCECSAL NC. 16 



DATE INTFOCUCEE: JAN. 25, 1972 



Referred tc Revenue and Finance CcEirittee 



A FBCPOSAL FOE A N E V, CONSTITUTIONAL SECTION FEGULATING EAFPAPKING 
OF STATE FEVENUES. 



3E IT PROPOSED BY THE CONSTITUTIONAL CONVENTION Of THE STATE OF 

MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . EABHAFKING. State revenues shall net te ear- 
marked to any special purpose, except when required by the fed- 
eral government for state participation in federal prcgraEs." 



INTEOEDCED BY: Z§Z_Xi£2ifiia_iU_J!A€nd 



102 



DELEGATE EFCFCSAL 
No. 17 - Elections 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NO. 17 



DATE INTRODUCED: JAN. 25, 1972 



Referred tc Lccal Government Cctrnittee 



xvi, a 



A PROPOSAL REPEALING ARTICLE XVI, SECTION U CF THE CONSTITUTION 
OF IRE STATE OF MONTANA AND ADDING A NEW SECTION PROVIDING FCF 
THE EIECTICN OF EOARDS OF COUNTY COMMISSI CNE B S . 



BE IT PROPOSED EY TEE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MCNTANA: 




Sectxon 1. Article XVI, Section 4 of the present Cccstitu- 
tion, which reads as follows, is repealed: 

lig^G. — 4-. — £R-e a c h c e uoty th e e e-s-ha-11-fee— e4ested three-e-e^a-t-y 

%-ha* — ea-sa — eo uaty — ia — t h e s t a^e-e-f— fte~ataaa-e-ha4-l-bo divid ed int o 

- e eaa ie -eie-ae-g— 44s trie te r %e— Jfr€ — desig aate4 — *s freafti ssi o a e^ 

ja ber o on oi — t wo a nd t-aE€€y Ees-freetive-ly-i- 

?a-e — b-e-a£-d — e-f— ee«**-y-ee*«i6«i-e 
*a-e—stat-e— 8#-«e«t4fi»7- at— taeaVe — te^alra 

Headay in M ay 7 — *4-2£-y— e~£ — as— se-es- t her cart e r ae c -< 

64-b^e-y— Ret— e<eee4~iae,-6ir»^y— d ay e t he r e aft e r y — »eet~aad-b y a e< 

th e dir e etiec -e-f— the die^rie t - - e o a -st ju dg e e-r — jg d ge e - 

«eaat^-y — 44vi4e-tae i E -Eesfe et i v e- G e unti ce- int o t hE cc c cbb I ^ 

diet-EiG t e a G' coa pa efc — aad-e^aa4~i« go f w l a t ie fi — -aae" — a r e a — ae ee-e— 

sibl€y ~aad-a««b € E-tae~B— r-es-pee-ti v e l y y — eee-y — t*-e— aad- t asee-y — an d whe a 
eaea — d-i-vioio n — has-fceea-fihad-e-y — t he r e c h a ll be f il od in th e o ffi se 

e-f— tae~&eeaty—«-l€-E*-aad— re c o r der e f e ae h — eeeet^-y — a c e rtifi c at e 

des ignating t h e a o t e c — a-ad- b c un d e o f - th o bcuadary — li ne s aa d — l iaite 
e>f — e a ch of ea-id- e eafl i s si oae r s die tri ct s y — w-hie-h— ce rtificate chalA 

be s ig ae-d — by Gaid judge — er—ju d ges 7 — f r c vid e d , ale e — that — at — tae 

iiret — r e gular c e s sio n o f a n y — ne wly O E g ania ed— aad cre at ed— ee « n ty 7 

tieo — of th e- d ietriet Goe-Et judg e o r jod go c o f ■ s ai d-eea at y-y ohall 
divid e s uch no w cou nty into c ea ai ssie a e r d i s t r ict s a e h e r e in pr o- 
vid e d. 




EELEGATE FKCPCSAL 
Nc . 17 - E lect ic ns 



L03 



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ea- 6 « a ea fee-e e f t h e-G-a44-feG-3-E4-44e-&-4-R- £ Ci v i ee — e4;-a44 — 4e — ag.e4-gfc-t<4 
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%«©-©© -e4©-E— »e«4-e-E-«4-%-&e-4ea-E4— i«— -ee*-v4-e©— •*©— 4>e- •aGe-n§-B-e4--*e — 44© 

€©««4©s4©*e* 44-s-fc-Ei©-*— &©-•— 4 T — t4 e— E© *4— ft ©-e-tee-E-4-fi— ©©■fl4©-£44-y — te-4e 

a-s©4©-ft©4-*©— e©«*4ss4efte~E-G4e-t£4G4— 4e-r~ 3-r-a~B4— -fe4©— 4«-B-i©-E— «©«4©-e-©4 

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a«4-©©'gas42©€-Gey©*y T -^ft©-G©««4©e4©«©--E— 4©£-44e4-E4©4--N©-r-4 T — chal 4 
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Section 2. There shall be a new Constitutional Section to 
provide as fellows: 



104 



EELEGATF. FECPCSAL 
No . 17 - Elec t icDS 



shdl 

than 

b^ 

memb 

in p 

as at 

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law 

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fcr 

each 

than 



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INTBCDUCED BY: Z§Z_Arncld_ «_._ Jaco^t sen 



DELEGATE PRCPCSAI 

No. 18 - Right tc Counsel 



L05 



KCNTANA CONSTITUTIONAL CCNVENTTCN 
1971-1S72 

DELEGATE PROPOSAL NC. 18 



DATE INTRODUCED: JAN. 25, 1972 



Referred tc Bill cf Rights Committee 



A FRCEC5AL FOR A NEfe CONSTITUTIONAL SECTICN DELATING TO THE EIGbT 
TO COUNSEL. 



BE IT FBOPOSED EY TEE CONSTITUTIONAL CONVENTION CF THE STATE CE 
MONTANA: 



Section 1. There shall te a new Constitutional Section tc 
provide as fellows: 

"Section . RIGHT TC COUNSEL. An indigent person shall 

have the right tc counsel in administrative cr ccurt proceedings 
in which the State, cr any subdivision thereof, is an adverse 
party." 



INTRODUCED EY: Z§^_J§£2fii_ ^i.Cat € 
/S/. Eob Campbell 



2s u /_Richard_J i _Cham£oux 



DELEGATE EECECSAL 
106 No. 19 - Legislative, Meeting Date 



FCNTANA CCNSTITUTICNAI CONVENTION 
1971-1972 
LELEGATE PBCPCSAl NC. 19 

DATE LNTFODOCED: JAN. 25, 19 7 2 

Referred tc Legislative Committee 
V, 6 



A PROPOSAL AMENDING ARTICLE V, SECTION 6 OF THE CONSTITUTION CF 
THE STALE CF MONTANA TC CHANGE THE MEETING DATE OF TEE LEGIS- 
LATURE FROM THE FIRST MONDAY OF JANUARY TC THE FIRST MCNDAY CF 
FEBRUARY. 



BE IT PROPOSED BY THE CGNSTITOTICNAI CONVENTION OF THE STATE CF 
BCNTANA: 



Section 1. Article V, Section 6 of the present Constitution 

is airended tc read as fellows: 



The term of service of the members thereof shall begin the 
next day after their election, until otherwise provided by law; 
provided, that the first legislative assembly shall Beet at the 
seat of government upon the proclamation of the Governor after 
the admission of the state into the Unicr., upon a day to be named 
in said proclamation, and which shall not be mere than fifteen 
nor less than ten days after the admission of the state into the 
Union. " 



INTRODUCED EY: Zs^_Miles_jjomne v. 



DELEGATE PFCPCSAL 
No. 20 - Environmental Cuality 



107 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1572 

DELEGATE PROPOSAL NO. 2 3 



DATE INTBODnCEE: JAN. 25, 197. 



Referred tc 3ill of Eights Ccaniittee 



A PFCPCSAL FOR A NEW CONST ITOTICN AL AFTICLE PROVIDING A FUELIC 
FCLICY OF A CUALITY ENVIRONMENT. 



BE IT PROPCSEE BY THE CO NST I T DTICN AL CONVENTION OF THE STATE Or 
MONTANA: 



Section 1. There shall be a new Constitutional Article tc 
provide as fellows: 

"ARTICLE 

NATURAL BESCUECES 

Section . ENVIRONMENT AL ECLICY. It is the public pclicy 

of the State of Montana and the duty cf each perscr tc provide, 
maintain, and enhance a quality environment for the benefit cf 
the people." 



INTRODUCED BY: ZSZ-Ci.E ...McNeil 



L08 



DELEGATE PRCPCSAL 
No. 21 - Envircr. mental Cuality 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1 S72 
DELEGATE FRCPCSAI NC. 21 



DATE INTRODUCED: JAN. 25, 1972 



Referred tc Bill cf Eights Committee 



A PROPOSAL FOR A NEW SECTION TO ARTICLE III, BILL CF FIGHTS, Cf 
IHE CONSTITUTION OF THE STATE OF MONTANA GUARANTEEIFG AN 
INDIVIDUAL'S RIGHT TO A CUAIITY ENVIRONMENT. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section in 
Article III of the Ccnstituticn of the State of Montana tc pro- 
vide as follows: 

"Section 32. It is the right cf each person to have, and 
the duty cf each person to maintain and enhance, a quality envi- 
ronment. " 



INTRODUCED EY: ZS^_C i _E A _rtcNeil 



DELEGATE EECFCSAL 
No. 22 - Legislature, Unicameral 



KUl 



MONTANA CONSTITUTIONAL CCKVEMTCN 
1971-1972 
DELEGATE ERCECSAL NC. 22 



DATE INTRODUCED: JAN. 25, 1972 



Referred tc Legislative Committee 



A PBOPGSAL FOB A NEW CCNSTITUTIC t>AL AFTICLE VESTING LEGISLATIVE 
PCWESS IN A UNICAMERAL LEGISLATURE. 



BE IT PROPOSED 
f. C NT AN A. : 



BY THE CONSTITUTIONAL CCNVENTION OF THE STATE CF 



Section 1. There shall be a new Ccnstit utional Article tc 
provide as follows: 

"ARTICLE 



THE LEGISLATURE 

Section 1. LEGISLATIVE POWER. The legislative power of the 
state shall te vested in the legislative assembly, but the people 
may propose and enact laws by initiative and they may approve or 
reject legislative acts by referendum. 

Section 2. LEGISLATIVE COMPOSITION. The legislative assem- 
bly shall be composed of one (1) chamber cf net less than seven- 
ty-five (75) and net more than one hundred (100) members. 

Section 3. LEGISLATIVE DISTRICTS AND AEECETICNMENT . (1) Fcr 
the purpose cf electing members cf the legislative assembly, the 
state shall be divided into as many districts as there shall be 
members of the legislative assembly. Each district shall consist 
cf compact and contiguous territory. All districts shall be sc 
nearly equal in population as is practicable. 

(2) Immediately following each federal census cf population 
there shall be a redistrict ing of legislative districts and reap- 
portionment of voters within the districts. In the session pre- 
ceding each federal census, the majority and linority leaders of 
the legislative assembly shall each appoint two (2) members tc a 
reapportionment commission. Together, the four (4) members shall 
select a chairman. No member of the reapportionment commission 
shall be a legislator or a state official. The commission plan 



110 



Nc. 



DELEGATE EFCECSAL 
22 - Legislature, Unicanaral 



shall be submitted tc the legislative assesbly at the next 
session afttr the federal census is made public and shall beccire 
law when approved by a majority cf the legislative assembly. If 
it is net approved, the legislative assembly shall return the 
plan to the commission with its r eccmm enda tiens fcr change, and 
the cemmission shall within thirty (3C) days cause the secretary 
of stat a to anncunce and publish its final plan in the manner 
provided for acts cf the legislative assembly and the plan shall 
have the fcrcj cf law upen such publication. 

Section a. ELECTION AND 1EFK CF MEMEEBS. The members cf the 
legislative assembly shall be elected by the gualified voters of 
the state in each odd-numbered year for a term of two (2) years. 

Section 5. LEGISLATIVE IMMUNITY. The members cf the legis- 
lative assembly shall, in all cases, except treason, felony, 
violation of their oath cf effice, and breach cf the peace, be 
privileged frcm arrest during their attendance at the sessions cf 
the legislative assembly, and in going to and returning frcm the 
same; and for any speech or debate in the assembly they shall 
not be questioned in any ether place. 



shal 
ance 
(7) 

ma jo 

each 

offi 

ity 

fcr 

spec 

meet 

set 

prop 

The 



Secti 
1 rece 
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ify th 
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en b . 
ive a n 
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s. The 
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int t 
nd emp 
er gov 
n tment 
e requ 
y twe 
, the 

which 
sicn w 



CITIZE 

annual 
itizens 

Govern 
ority 1 
wc (2) 
loyees 
eminent 
tc t 
irement 

(2) ye 
commiss 

the 
ill the 



NS CO 

salar 
cempe 
or sha 
eaders 
memb 
of the 
al uni 
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ars. H 
ion sh 
legisl 
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MPEN 
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11 a 

of 
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sta 
t of 
miss 

mem 
ithi 
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atur 
olve 



SATICN 
d reas 
icn cc 
ppoint 
the le 
Memb 
te or 

the s 
icn. T 
bershi 
n a pe 
submit 
e may 



CCMEIS 
enable e 
mmissicr 

three ( 
gislativ 
ers cf t 
of any c 
tate sha 
he legis 
p. The 
ricd aft 

to the 
decrease 



SION 
xpen 

com 
3) m 
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cunt 
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ccm 

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le 

but 



. L 
ses 

pose 
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re u 
miss 
ts a 
gisl 
not 



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and al 
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rs and 
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lature 
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ay fur 
ion s 
ppcint 
ature 
incre 



tors 
lew- 
even 

the 
hall 

and 
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ible 
ther 
hall 
sent 

its 
ase . 



Section 7. LEGISLATIVE SESSIONS. The legislative assembly 
shall be a continuous bedy during the term fcr which its members 
are elected. It shall meet in regular sessions annually on the 
fourth Monday in January, but the month and day may be changed by 
law. It may be convened at ether times by the Gcverncr, by the 
assembly's majority and minority leaders, cr at the written 
request cf a majcrity of the members of the legislative assembly. 

Section 8. ORGANIZATION. (1) The legislative assembly shall 
judge the elections, returns, and qualif icatiens cf its members 
and choose its officers and employees. Nc member shall be expel- 
led without the concurrence cf two-thirds (2/3) cf the member- 
ship. 



(2) A majcrity of the membership cf the legislative assembly 
censtitutes a quorum to do business, but a smaller number may 



DELEGATE E6CECSAL 
No. 22 - Legislature, Unicameral 



ill 



adjourn 
ters. 



frcir. day tc day and may compel attendance cf absent mem- 



Section 9. ACCOUNTABILITY AKC CITIZEN ACCESS. (1) All ses- 
sions and committee meetings cf the legislative assembly, includ- 
ing the committee of the whcle, shall be open tc the public. 



vote of each tneffber in 



all sessions and committee 

cf 



(2) The 
meetings of t 
the whole, 
legislative assembly shall keep a journal cf its proceedings 



T \s \.r; \y.L cu^ii in c U' L c J. J. 11 ax.1 OC3C1^112 QI<U LLHBI1 Lit 

he legislative assembly, including the committee c 
shall be recorded and entered in the journal. Th 



(3) Public notice shall be given five (5) days 
fcr all committee bearings. 



in advance 



Section 1C. FOFH CF BILLS. (1) Every bill shall be confined 
to one (1) subject and properly associated matters unless it is 
an appropriation bill or cne codifying, revising, cr rearranging 
existing laws. Eills for appropriations shall be confined to 
appropriations. A law shall net be judicable under this provision 
sixty (60) days after its enactment. 

(2) The enacting clause shall be: "Ee it enacted by the 
Legislative Assembly of the State of Kontana." 

Section 11. PASSAGE CF EILLS. (1) No law shall be passed 
except by bill and no bill shall be sc altered cr amended during 
passage that its original purpose is changed, 

(2) No bill shall become law unless it has been referred tc 
a committee, reported out, reproduced with all its final amend- 
ments, and placed en the desk of each member five (5) days before 
final passage. 

(3) No bill shall beccme a law except by a majority vote of 
all the members present in the legislative assembly. 

Section 12. SPECIAL AND LOCAL LEGISLATION. The legislative 
assembly shall pass no special cr lecal act when a general act 
is, cr can be made, applicable. 

Section 13. VETO. (1) All bills passed by the legislative 
assembly shall be submitted to the Governor, whe has the power to 
veto all bills but those initiated by or referred to the pecple. 
The Governor may, by veto, strike or reduce items in appropria- 
tions bills. He shall return any vetoed bill, with a statement cf 
his objections, to the legislative assembly. 

(2) Upon receipt of a veto message, the legislative assem- 
bly shall meet to reconsider passage of the vetoed bill cr item. 
Vetoed bills become law by affirmative vcte of two-thirds (2/3) 
of the membership cf the legislative assembly. 



112 



CELEGATE PROPOSAL 
No. 22 - legislature, Or.icaireral 



(3) A bill becomes law if, while the legislative assembly 
is in session, the Governor neither signs nor vetoes it within 
fifteen (15) days, Sundays excepted, after its delivery tc hin. 
If the legislative assembly is not in session and the Governor 
neither sigrs r.cr vetoes a bill within twenty (2C) days, Sundays 
excepted, after its delivery tc hiir, the bill is vetoed. 



S 
sub jec 
shall 
by a t 
impeac 
en imp 
member 
state' 
rence 
reguir 
extend 
ings i 



ecticn 
t tc i 

origi 
wc-thi 
hment 
eachae 

cf 
s dist 

cf t 
ed for 

bey en 
n the 



m. 

ropeac 

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rds 

shal 
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the 
rict 
wo— th 

a ju 
d rem 
court 



IMPEAC 
hment 
in the 
(2/3) 
1 list 
all be 
suprem 
court 
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dgment 
c val f 
sent 



HMENT 

by th 

leg i 

vote 

full 

cond 

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3udge 

(2/3) 

of i 

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. All 
e leg 
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y the 
ucted 
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of 
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civ 
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its 

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the 

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state are 
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unless a 

case the 

Ccncur- 

ibunal is 

may not 

proceed- 



INTRCDUCED BY: Z_Z_A_1____________ 

/s^_Mae_Nan_Potinson 

Z_Z__2£§ _£_!£§_ liSlI-ilSI- 

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/s/Caphne_Eugbee 

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Z§Z___E2f__li_t££_i2li 

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DELEGATE PFCFCSAL 
No. 22 - Legislature, Unicameral 



113 



/s/ Bruce M._Brcwrj 

/s^_Bussell_C i _«cDcnouah 

ZsZ_l£i!_^S^iI 

^s^_Fach€ll_K i _ Mans field 



^s^_Bax_Ccncver 

2s^_Pichard_E i _Bceder_ 

^s/_Lcrcth^_Eck 

/s/_hm i _A i _Eurkhardt_. 



114 



DELEGATE PROPOSAL 
No. 23 - welfare, funding 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1512 
DELEGATE PROPOSAL NO. 23 



DATE INTRODUCED: JAN. 25, 1972 



Referred to local Government and Revenue 
& Finance Committees 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING FCR FUIL 
STATE FUNDING OF WELFARE. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 

MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . All funds to support public welfare in the 

State of Montana shall te appropriated by the legislature. No 
real or personal property taxes may te used to finance public 
welfare. " 



INTRODUCED EY : /s/ Virginia H, .Blend 



DELEGATE PFCPOSAL 
No. 24 - Lotteries 



L15 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NO. 24 



DATE INTRODUCED: JAN. 25, 1972 



Referred to General Government and Con- 
stitutional Amendment Ccmiaittee 



XIX, 2 



A PROPOSAL REPEALING ARTICLE XIX, SECTION 2, OF THE CONSTITUTION 
OF THE STATE OF MONTANA. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article XIX, Section 2 cf the present Constitu- 
tion, which reads as follows, is repealed: 

"go c. -JT — 3-he— leg^e-l-a^i v e a G C CB bly s hall 'have — *e pcwer fc« 

a-«% h oriae — lotteries? — e* — ^i£* eB t ct^ri e o c fcr any - purp occ y ■ aa 4 

sfeall- pass -l a w s --fee— e eeb i b it th e-e^l e of ■ - l e t -fee^-y — e~E — ^i-^fe entei - 

£-Ei«€— fci€*e*e-i*--te-fe-i6-6*~a*«v- a 



INTRODUCED EY: Zs^_Ly.§an_W a _Chca te 



116 



DELEGATE FECPCSA1 
No. 25 - Legislative, Override V« 



tc 



MONTANA CONSTITUTIONAL CONVENTION 
197 1-1972 
DELEGATE PECFCSAL NO. 25 



DATE INTRODUCED: JAN. 25, 1972 



Referred to Executive Committee and 
Legislative Committee 



VIT , 12 



A FRCFC5AL AMENDING ARTICLE VII, SECTION 12 CF THE CONSTITUTION 
OF THE STATE OF MONTANA TC FEOVIDE THE LEGISLATURE KITH THE 
OFFOETUNITY TO OVERRIDE G13BE R N AlORI AL VETOES. 



BE IT FFOPOSED EY ThE CONST IT OTICN A I CONVENTION CF THE STATE CE 
MONTANA: 



Section 1. Article VII, Section 12 or the present Constitu- 
tion is amended to read as fellows: 



"Sec. 12. Every till passed by the legislative assembly 
shall, before it becomes a law, be presented tc the Governor. If 
he approve, he shall sign it, and thereupon it shall beccme a 
law; but if he do net approve, he shall return it with his objec- 
tions to the house in which it originated, which house shall 
enter the objections at large upon its journal and proceed to 
reconsider the bill. If then two-thirds of the members present 
agree tc pass the same, it shall be sent, together with the 
objections, tc the ether house, by which it shall likewise be 
reconsidered and if approved by two-thirds of the members present 
in that house it shall become a law notwithstanding the objec- 
tions of the Governor. In all such cases the vcte of each house 
shall be determined by yeas and nays, tc be entered en the jour- 
nal. If any till shall net be returned by the Governor within 
five days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, ir like manner as if he had 
signed it, unless the legislative assembly shall by their 
adjournment prevent its return, in which case it shall net becoite 
a law without the approval cf the Governor. No bill shall becoie 
a law after the final adjournment cf the legislative assembly, 
unless approved by the Governor within fifteen days after such 
adjournment. ■£«— c-a^-e- the Gove-ece-p-e^a41- £a4-l~ fe-e — a~p^«e-ve — ©4 — a*-y 
b ill — a-i-te-c — ^he- f inal ad j o-mrBB€Bt-e£-fefre- lenf-iel^fc-i-v-e aeeeafel-y— 4% 
Ghall bo f il o d T -«4r t h hio o b je 6 -teJr»B^-y— is t h e offi c e -«4— fetee — eeere 



DELEGATE PRCPCSftI 
No. 25 - Legislative, Override Veto 



117 



***"? — «£-■ e**-*e-» If _the_Gcvernor_f ails_tc_a££ro v€_a_fcill_af ter_the 

fi£^i_3.^Jcurrifflent_of_the 1.13 Ablative asses t ly. x copies cf the 

tjill^_tc3ether_ with_the_reasons_f or_t he_Go»ernoE^s_veto x _sha ll_Ee 

s_r nt bv. I^5isl^£Sd_19ii_i2_3ll_l£5islatcrs i _If _two z thirds [2/3^ 

of^he_mejbers_cf_each_hcuse_returD^ af f ironat ive 

vote within ten [TCJ ^ajs_ t _attested_tc_bY_a_ rctar^_£ublic x _the 

bill shall fceccne law. 



INT5CLUCED EY: Z§Z_£he t_Elav.lcck 

^s < /_DcrcthY_Eck 

/s/_Charles_h i _Mahon6^ 

^s/_P i _S._Hanscn 

^s i /_DciKilas_Eelane - Y 

/s^_Leslie_Eskildsjr 



i /s^_Geor2e_H i _ James 

^ £^_ Margaret _§£_ Bar de n 

/s^_C._A i _Scanlin 

ZfZ_I^£ll§iI_Hansf ield_ 



118 



DELEGATE PROPOSAL 
No. 26 - State Boundaries 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE FECPCSAL NO. 26 



DATE INTFOLUCEE: JAN. 25, 1972 



Referred to General Government and Con- 
stitutional Amendment Committee 



A PROPOSAL FOR A NEW CONSTITUTION AL ARTICLE TO PROVIEE BOUNDARIES 
FCR THE STATE CE MONTANA. 



BE IT PROPOSEE BY THE CONSTITDTICNAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Ccrstituticnal Article to 
provide as fcllcws: 

"ARTICLE 

ECDNEARIES 

Section 1. The boundaries of the State cf Montana shall te 
as established in the federal Organic Act creating the Territory 
cf Montana. H 

INTRODUCED EY : Z§y_ Bruce J t ,Brcwn 



No . 



DELEGATE PROPOSAL 
27 - Constitutional Amendments 



110 



P.CNIANA CONSTITUTIONAL CONVENTION 
1971-1972 

DELEGATE PROPOSAL NO. 27 



DATE INTRODUCED: JAN. 25, 1972 



Referred tc General Government 
stitutional Airendment Committee 



and Ccn- 



XIX, 9 



A PROPOSAL AMENDING ARTICLE XIX, SECTION 9 CF THE CONST ITUT ICN CF 
THE STATE OF MONTANA PROVIDING FOR A PAJCFITY BATHER THAN TWO- 
THIRDS VOTE FOR LEGISLATIVE CONSTITUTION AL AMEKDMENTS, PECVIDING 
FOR CONSTITUTIONAL AMENDMENT BY THE PEOPLE AND PRCHIEITING EXECU- 
TIVE VETO CF PROPOSED AMENDMENTS. 



BE IT PROPOSED 
MONTANA : 



EY TEE CONSTITUTIONAL CONVENTION CF THE STATE CF 



Section 1. 
ticn is amended 



Article 
to read a 



XIX, Section 9 of the present Ccnstitu- 
s fellows: 



"Sec. 9. Amendments tc this ccnst ituticn may be proposed in 
either house of the legislative assemrly, and if the same shall 
be voted for by t wo t -k-±E4e a_sajcrity. of the members elected to 
each house, such proposed amendments, together with the ayes and 
nays cf each house thereon, shall be entered in full on their 
respective journals-* ._ 

The people of gontana may also propose constitutional aaend- 

i££i§_ki_ifiiiisii^§_£§iili2fi§i_I^£ii_££iiti££__§i2 3ii iusi^^s the 

f ull text of the proposed amendment and shall be signed by ten 

S1Q.I percent_gr - mcie_of the_state^s -- legal_ voters. The_ number of 

legal voters for the_state_is_determined_b_y_the_votes_cast_f or 

Gcverncr_in_the^eneral_election_im fed iately_preceding_fi ling of 

petitions. The petitions shall be filed with the Secretary of 

Sbate_f cur (4J gen thg_or_ more, before tbe_elec ticn _at which they. 

will_be_voted_cn i &&4 The secretary cf state shall cause the said 
amendment or amendments to fce published in full in at least one 
newspaper in each ccunty (if such there be) for thf«e-*e«*i6 fcur 

weeks previous tc the ft-e-»t q eft-egal election #«* — aeifeete — 4e the 

l e q i G lativ o — aeeeably , at_which_the_amendments_will_be_vgted_on i 
a-»4 At said election the 6-ai4 amendment or aietdments shall te 
submitted tc the gualified electors cf the state for their 



DELEGATE EFCFCSAL 
-^0 No. 21 - Ccnstit ut icnal Amendments 



approval or rejection and such as. are approved ty a majority of 
those voting thereon shall beccie part cf the constitution. 
Should mere amendments than one be submitted at the same elec- 
tion, they shall be so prepared and distinguished by nutrbers or 
otherwise that each can be voted upen separately; provided, hew- 
ever, that not mere than %keee six airer.dm^nts to this constitu- 
tion shall be submitted at the same election by. the legislative 

assembly. and 22i_22ES_ii2^£_i]t£_^ISiIS5§£is_£hall_be_submitted_by 

the__e.g_le._I_ __cr__t____t_c___tit_ons__ cr_a_____e_t_a__ offered 

to the Secret ary__of State he shall^ubli£h^and_cffer_tc_the 

E£2£_________2____ __t______a___t________2_ _si3natur.es ; if there 

is an g_!J3l___rcber_p^signa^ures_t____i_st__et i tic n_ file ._____!_ 

_§_£_££ £2 §2* §122 .1 

constitutional amendments." 



INTRODUCED EY: ________ l_______ahc_e_ 



DELEGATE FBCPCSAI 
No. 28 - Gambling 



L21 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1912 
DELEGATE PBCPCSAI NO. 29 



DATE INTFCDUCED: JAN. 25, 1972 



Referred tc General Government and Ccn- 
stituticnal Amendment Ccmffittee 



A PROPOSAL FOR A NEW CONSTITUTION AL SECTION PROVIDING FCP LEGIS- 
LATIVE AITHCEIZATICN OF GAPE-LING. 

BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section tc 
provide as follows: 

"Section . All forms of gambling, lotteries, and gift 

enterprises previously prohibited ty the Constitution cf the 
State of Montana are prohibited until such time as they may be 
authorized by a majority vote of the legislature or ty the people 
through initiative or referendum." 



INTRODUCED EY: Z§Z_DOil_Ei_E€2£i§E 



L22 



EELEGATE EFCPCSAL 
No. 29 - Elections, School 



MONTANA CONSTITUTIONAL CONVENTION 
197 1-1 5 7 2 
CELEGATE FEiCECSAL NO. 29 



DATE INTRODUCES: JAN. 26, 1972 



Referred to Education and General Govern- 
ment Cciririttees 



10 



A PROPOSAL REPEALING ARTICLE XI, SECTION 10, OF THE CONSTITUTION 
OF THE STATE OF HCNTANA ANE AEEING A NEW SECTION TO PROVIDE THAT 
SCRCCL ELECTIONS EE HELE IN CONJUNCTION WITH CTREE ELECTIONS. 



BE IT PROPOSED EY TBE CONSTITUTIONAL CONVENTION OF THE STATE OF 
HCNTANA: 



Section 1. Article XI, Section 10 of the present Constitu- 
tion, which reads as follows, is repealed: 

" S ec. — *-€-. — i-ke — l eg iolativ o ae se«fel-y— s-ba-1-1 p r o vid e feka* — •a-il 

elections — -£e* — e«k««i — di G tr i€4 — e-£#jree £g --skal 4 -fee-eepa-ga * e- f se a 
fe -be s e -e l e e ti««-6 at w hioh ct a tc or ■■€ea« % y-e##-jb€e-ce-a g e-ve^ed-#»c-r- a 

Section 2. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . SCHOOL ELECTIONS. Except in specific 

instances designated ty the legislature, all elections for school 
district officers, mill levies or indebtedness shall be conducted 
in conjunction with elections at which state, county or aunicipal 
officers are voted for." 



INTRODUCED BY: Z§Z_£a£iaQ_l£d!ann 

/s/_Charles_H i _Bahonej 

/s/_Clark_E i _Si«on 

/s/_ George .Hard er 

^s^_Haurice_Driscoll 



/,?/,.. ?n^i-I°g„§E arks 

/s/^ Dan iel_W._ Harrington. 

/s^_Bett2_Eabcoc|c 

/s/ CaraanSkari 



No. 



DELEGATE PROPOSAL 
29 - Elections, Schccl 



123 



^s^_lhcraas_M i _fi£k_ 
Zs/_J.rv_G^sler 



Z§Z_!S2tie_PajEne_ 



l'JI 



DELEGATE PROPOSAL 
No. 3C - Sovereign Iirnunity 



MONTANA CCNSTITDTICNAL CONVENTION 
1971-1S12 
DELEGATE PROPOSAL NO. 30 



DATE INTRODUCED: JAN. 26, 1972 



Referred to Judiciary Committee 



A PROPOSAL FCR A NEW CONSTITUTIONAL SECTION ELIMINATING THE 
DEFENSE OE SOVEREIGN IMMUNITY. 



BE IT PROPOSED BY THE CCNSTITDTICNAL CCNVENTICN OF THE STATE OF 
MCNTAN A: 



Section 1. There shall te a new Constitutional Section to 
provide as follows: 

"Section 1. The State of Bcntana and its subdivisions shall 
be subject to the same liabilities as a natural person." 



INTRODUCED EY: ZsZ_Jerome_J J ,_Cate 
^s/_Jerome_T i _Lcendcrf 
/s^_Eob_Cajn£bell 



^s^_Mae_Nan_Rcbinscn 
/s/ Carman Skari 



No. 



DELEGA1E PPCPOSAL 
31 - Cath of Office 



L25 



KCNTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE PECPGSAL NO. 31 



DATE INTRODUCED: 



JAN. 26, 1972 



Referred to General Government and Con- 
stitutional Amendment Committee 



XIX, 1 



A PROPOSAL AMENDING ARTICLE XIX, SECTION 1 OF TEE CONSTITUTION OF 
THE STATE OE MONTANA TO PROVIDE A BRIEF OATH OF OFFICE. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article XIX, Section 1 of the present Constitu- 
tion is amended to read as follows: 



"Section 1. Members of the legislative assembly and 
officers, executive, ministerial or judicial, shall, fcefcre 
enter upon the duties of their respective offices, 
scribe the following oath or affirmation, tc-wit: 
swear (or affirm) 
constitution cf 



all 

they 

take and sufc- 

"I do solemnly 

that I will support, protect and defend the 

the United States, and the constitution of the 



state of Montana, and that I will discharge the duties cf ay 
office with fidelity-j- x a n d-tha^- 1 - h av e -B-e-fe- ^ a i d , or G o n 4sife«ted T 
or pg om is od- t o pa y— « E -ee-etg ife-a-^e T — e4 t -h e E-< liE «etly-OE — in d ir ec tly y 

a-ny mo n ey &e — e-tfre* »a4«a-fe4-e-4 hing - to pr o cuE O my no a in a ti cn et 

o lc G tion fe* — a- ppoifitmc a-fc) eaeep t — #©* — ee e ee eary — a*4 prop e-E 

ningnrrn oaa^rac/^lM— . ^ ij , fe i >fir , 'iaraf3.hi i l au . ,. ih a ii ■ T fa ana f t n t knnninal u 

U* J"- UUl,U " V.ltt'CISJXT" aQCBULlBCVVT" lQIJ"""" 1 flaVL 11 l!Vl RUU Will VlT 

tf-j nlafcci3„ anii olact a a o ■ ■ i a y - q f - f k i c c t a i fl . a r , a r n cm g a il — J fc — fr c*> K *a 

▼ loia^TstJiiBY uicutior saw ™*9i TBiB~etotv y %j z» ptvtitiiCTi""~T.T:" to - ~ *? is 

4es« — b-y oth e r s in my fcch a l - i y ■ that ?-w ill net knewi -ng-ly re c e iv er 

dir e ctl y? — e r ia a i Eee t l y y — any mo n e y o r ot h er — va luable — thi n g — -f-e-E 

j- K f - liQCJfi r "^ P.C^,- DT Hfia..aflEfflCai3IlL*^ fl f ... ^ ^ U - ■i^i' ., £I. rl n *• n r-, j-i »- d- a i r-. i n .^ 

^e~a-y— &-t#i 6 e-e th « r tha n th e o ompo neati o n — ai-le*e-3— by — la w r so help 
me God. A nd no other o athy de elaratie a et teet — ehai 
a s ■ a € } a al i£i€a-t4e«- i e E -aay- ■ e f f i c«— e~c— p ubli c-% E H6 t » " 



INTRODUCED EY: ZsZ_£auI_Sa.El2« 



126 



DELEGATE PECECSAL 
Nc. 32 - Eill of Fights 



KCNTANA CONSTITUTICNAL CCNVEMICN 
1971-1572 
DELEGATE FHCPCSAI NC. 32 



DATE INTFCCUCEE: JAN. 26, 1972 



Referred tc Eill cf Eights CcaiBittee 



A FBCECSAL ECS A NEW SECTION IN AETICIE III CF THE FEESENT CON- 
STITUTION, THE BILL CF EIGHTS, GUAPANTEEING EBEEDCK FECH DIS- 
CRIMINATION. 



faE IT PROPOSED BY THE CONSTITUTICNAL CONVENTION CF THE STATE OF 
HCNTAN A: 



Section 1. There shall te a new Constitutional Section in 
Article III to provide as fellows: 

"Section . No person shall, because cf race, color, 

national origin, creed, religicr. or sex be subjected tc any 
public cr private discrimination in political and civil rights, 
in the hiring and proaoticn practices cf any employer, or in the 
sale cr rental cf property. These rights shall be enforceable 
without action by the legislative asseafcly. Persons aggrieved 
shall have access to the Courts to enjein discrinination prohib- 
ited by this section." 



INTECCOCED BY: ^s/_ Eae_ tjan_Bc bi n,scE 
/s</_Lucile_S£eer 



DELEGATE PROPOSAL 
No. 33 - Individual Bights 



127 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NO. 33 



DATE INTRODUCED: JAN. 26, 1972 



Referred tc Bill of Eights Ccmeittee 



A PROPOSAL FOE A NEW CONSTITUTIONAL SECTION TC INSURE THE FIGHTS 
OF INDIVIDUAL DIGNITY, ERIVACY, AND EEEE EXFEESSION. 



EE IT PROPOSED BY TEE CONST ITDTICNAL CONVENTION OF THE STATE CF 

MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . The rights of individual dignity, privacy, 

and free expression being essential to the well-being cf a free 
society, the state shall not infriEge upon these rights without 
the showing cf a compelling state interest." 



INTRODUCED BY: Z§Z_l2i_CaB£bell 

^s^_Donalj3_R_._Fcster 

^s^ Mae_Nan_Robinsgn 

/s/_L_yle_R i _Mcnrce 



2S^_Frark_Arness 

^s/_Marshall_Hurrav. 

^s^_Jean_Bowaan 



I'JS 



DELEGATE PECFCSAL 
No. 34 - Individual Bights 



MONTANA CCNSTITUTICNAI CONVENTION 
1971-1S72 
DELEGATE PROPCSAI NC. 34 



DATE INTFGDUCED: JAN. 26, 1972 



Referred tc Judiciary Committee 



III, 24 



A PROPOSAL AMENDING ARTICLE III, SECTION 24 CE THE CONSTITUTION 
OF THE STATE CE MONTANA REAFFIRMING THE PRINCIPLES OF REFORMATION 
AND FRCVIDING AUTOMATIC RESTORATION OE RIGHTS UECN TERMINATION CE 
STATE SUPERVISION. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE CE 
MONTANA: 



Section 1. Article III, Section 24 of the present Constitu- 
tion is aaended tc read as fellows: 

"Secticr. 24. Laws for the pur.ish&ent cf crise shall be 
founded en the principles of refornaticn and prevention, feat th-ia 
ska-11— fte%-a##€64~fcfee-po w eE-e£-%ke-^eg i 6lati ¥ 'fe— as6e-<frfe4y-tee— fr t o v i d e 
4ec p u fiiehing c f#e-R-ee 6 ■ fey - d e ath s aQ^_|ull_ri3hts_shall be auto- 
matically restored_u£Cji_terfflinaticn_cf_state_su£ervision 

2l£SH§§_S3^i£s t_jt he_s ta t e . M 



INTRODUCED BY: Z§Z_Bot_Caa£be 11 

^s^_L^le_Ri_ Monroe 

Zs^_Frank_Arcess 



Z§Z_Marshall_Murray._ 
^s^_Jean_Ecwf an 



DELEGATE FRCPCSAL 
No. 35 - Taxation 



129 



HONIANA CONSTITUTICNAI CONVENTION 
1 97 1- 1S72 
DELEGATE FRCPCSAL NC. 35 



DATE INTRODUCED: JAN. 26, 1972 



Referred tc Revenue and Finance Ccusittee 



A PROPOSAL FOR A NEW CONSTITUTICNAI SECTION IN ARTICLE XII OF THE 
PBESEBT CONSTITUTION TO PROVIDE THAT THE LEGISLATIVE ASSEKELY HAY 
ALLOW PREFERENTIAL TAXATION. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section in 
Article XII to provide as reliefs: 

"Section . The legislative assenbly say provide that 

farms, agricultural lands, standing tinber, tiaberlands, and 
other open space lands used for recreation or erjeyaent of their 
scenic or natural beauty shall be valued for purposes cf taxation 
on the basis of the use to which the property is currently being 
applied. n 



INTRODUCED BY: ^si_Rae_^an_R cbinscn 



130 



DELEGATE FFCFCSAL 
Nc. 36 - Seat cf Gcvemaent, Location 



MONTANA CONSTITUTIONAL CCNVEN1ICN 
1971-1S72 
DELEGATE EFCECSAL NO. 36 



DATE INTFODUCEE: JAN. 26, 1872 



Referred to General Government and 
stituticnal Aaerdirent Committee 



Ccr- 



X, 2, 3, 4 



A PROPOSAL REPEALING SECTIONS 2 AND 4 Of ARTICLE X CE THE CON- 
STITUTION OF THE STATE CF MONTANA AKE AMENDING SECTION 3 CF ARTI- 
CLE X TO PROVIDE FOR THE SEAT OF MONTANA GOVERNMENT. 



BE IT PROPOSED BY THE CONSTITUTIONAL CCNVENTICN OF THE STATE CF 
KCNTANA: 




Section 1. Article X, Section 2 cf the present Constitu- 
tion, which reads as follows, is repealed: 

n See»— i-r — -ftt-the— f««e ral -ele€ ti oe i a t h e - y -eaj 
e~iq-ht-h-e-B4-E«4~ aa4— B-ige^y— fe-w€ T ~t-he-<j u o £ tic n — < 

€»# — -t-he — seat-e4— §«¥«ffrgeB% i e- h erefc y - pro vi d e d- t o — fc-€~€ ub«it -< 
%^-e-€|«rt-l-i# i o d ■ e4e-e-te-E 6 - e £ - t h-e— estate? — a-fid — the -■ e a-je r it y e-i — ail — t~he 
vet-es-tt-Beft-srtid-^Bee-fei-e-B-eh- aJtl d et etaine the • loca ti o a t he reof « — J-b 

e*6« t-he-te — &ha41— fee-a-e-€he4€-e— e-i — ie cati ec- a t e ai d c l ec t A-ea y t-he 

^es4ie«- e>#-eheiee— fee-^wee^— the—- t-w-e— pla c e e for- w-ai-6-fl — t-he h ig h ec t 

ft-B**e-E — 64 vo t es — eh*14 — ha-ve— feee#— ea-e-t— e-ha-14. — fe-e-, — a-B-d — ie— he^e-hy-r 

e-Hh«itte4--ift— l-i-ke-«aBfie*— -te— the ^ u a li -i-iee— e-le-eto r e a^ — *-&€ next 

9-e B e t a-l — eieetr-ie* — the-pea ^t ee-* — -p-g cvid edj — tha - t -watil the- eeat q4 
^eve-E-Bge-Rt--6ha-H-ha-»e-eee-B-perB an eBtl y S e a t ed— t he- te«f€ ga r y -6e a 4 
e-i-^eveg nm eBt— sh-a-ll— he— a«d--£e«a iB at- t h e eit-y-e f "fi ei cRai " 

Section 2. Article X, Section 4 of the present Cccstito— 
tion, which reads as follows, is repealed: 

ticne or egp eftditeeeB -i ot-ea-B-i-te-l— fe^4444;«g 6 or-9£-€Hfrft4s-»etil~ — the 
se at o f - go vet -B U Q Rt ch a ll hav e fcec e-peE«a-Be«-t4y— 4 cc a t o d r — ae— he-ge^s 
led." 



Section 3. Article X, Section 3 cf the present Constitution 
is amended to read as fellows: 



DELEGATE EECECSAL 
No. 36 - Seat of Gcvernuent, Lccaticr 



"Sec. 3. *fe«« The seat cf gcvernnent s-fcal-1— kav-e having_been 
located a-e — ke-fre-i-B pro vi de4 ig_Helena the lccaticn thereof shall 
net -fek-e-E^-a-i^e* be changed, except by a vote of two-thirds of all 
the qualified electors of the state voting en that question at a 
general election at which the question cf the loeatice cf the 
seat of government shall have been submitted by the legislative 
asseab ly . " 

INTRODUCED BY: Z§Z_p2IL_Ii_ISl£ii££ 

Zs/_Ctto_T i _Habedank ^s/ Lyaap _g. chpate 

^s^_Feter_^J?ete^_Lorello 



132 



DELEGATE FRCPCSAL 
No. 37 - State Revenues, Earsiarking 



MONTANA CONSTITUTIONAL CCNVENTICN 
197 1-1S72 
DELEGATE PROPOSAL NC. 37 

DATE INTRODUCED: JAN. 26, 1972 

Referred to Revenue and Einance Ccsmittee 

A PROPOSAL FOR A NEK CCNSTITUT TON AL SECTICN EEOVIDING EOS 
EARMARKING EY TEE LEGISLATURE. 

BE IT EROPCSED EY THE CONSTITUTIONAL CCNVENTICN OF THE STATE OF 
MONTANA: 

Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . EARMARKING. The legislature shall have the 

sole authority to earmark monies accruing to the state frca what- 
ever sources." 

INTRODUCED EY: Z§Z_Donald_E i _Fcster 

Zs^_Rachell_Kansf ield ZSZ_l2t_Caf£tell 

/s/_Jean_EowBan Z§Z _!?££_!$§£_£ 2fei£ son 

/s i /_D_._G i _Drum /s/ Thcffl§s_M._Ask 



DELEGATE FFCPCSAL 
No. 38 - Right of Part ici fat icr 



133 



KCNIANA CONSTITUTIONAL CONVENTION 
1971-1S72 
CEIEGATE FRCECSAL NC. 36 



DATE INTFOCUCEE: JAN. 26, 1972 



Referred tc Judiciary Committee 



A PROPOSAL FOR A NEK CONSTITUTIONAL SECTION EECVIEING FOR CITIZEN 
PARTICIPATION IN THE OPERATION CE TEE GOVERNMENT PRIOR TC FINAL 
EFCISICN. 



BE IT PROPCSEE EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . RIGHT OF PARTICIPATION. The public shall have 

the right to expect governmental agencies tc afford every fea- 
sible opportunity for citizen participation in the operation of 
the government prior to final decision. The legislature shall 
provide by law points of access ard institutional structures to 
naxisize such a right." 



INTROEUCEE EY: ^s^_Donald_B i _Ecste r 

^s^_Gecrae_H i _Jaaes_ 

/s < /_Hae NanRobinscn 

^s/_Ljle_R i _Morroe 

^s^_Dorothv._Eck 

/s^.Don Rebal 



i /s/_Noel_E i _Furlcna 

/s/_Ecb_ Campbell 

/s/ Jerome Tt. Lcendorf 
/s^_Vergnica_Sullivac_ 
^s^_Jerojie_J i _Cate 



134 



DELEGATE EFCFCSAL 
No. 39 - Wage Comm issicn 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE ESCPCSAL NC. 39 



DATE INTRODUCED: JAN. 27, 1972 



Referred tc Public Health, Welfare and 
Labcr Cciririttee 



A PROPOSAL FOR ft NEW CONSTITUTIONAL SECTICK PROVIDING FOR ft 
COMMISSION. 



WAGE 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fcllcws: 

"Section . There shall te a wage commission consisting 

of nine (9) members; three (3) members appointed by the Governor, 
three (3) members appointed by the Legislature, and three (3) 
members appointed by the Supreme Court. Ten (10) days after the 
beginning of each legislative session, the commission shall 
submit tc the legislature a salary schedule fcr elected officials 
in the executive, judicial and legislative branches cf state 
government. The legislature may amend the salary schedule during 
its regular session by majority vote. Upon adjournment sine die 
of each session, the proposed salary schedule and amendments 
thereto shall become law and all salaries set thereby shall be 
adjusted to conform to the schedule as cf the first day of the 
month following ad jcurnment. " 



INTRODUCED BY: Zs/_Jerome_J i _Cate 

^s^_Arlyne_Reichert 

^s/_Gecrg v e_Har£er 

/s/ Cayman Sjcari 

Z§Z_J!i£ h .^E£LILs._£ c .e_d > er_ 



/. §Z_ 2* £_1! an_Bcbinson 
^s^_John_H._Leu t hold - 

/s/_Tor re y._ Johnson 

/s^_ jjagpus_ Aasheia 



NO. 



DELEGATE PROPOSAL 

40 - Local Government 



135 



MONTANA CONSTITUTIONAL CONVENTION 
197 1-1972 
DELEGATE PROPOSAL NO. 4C 



DATE INTRODUCED: JAN. 27, 1S72 



Referred tc Iccal Government Committee 



A PROPOSAL FOR A NEW CONSTITUTIONAL ARTICLE ON IOCAI GCVEFNMENT. 



BE IT PROPOSED 
MONTANA: 



BY THE CONSTITUTIONAL CCNVENTTCN OF THE STATE OF 



Section 1. There shall be a new Constituticnal Article to 
provide as fcllcws: 

"ARTICLE 

LOCAL GCVEFNMENT 

Section 1. PURPOSE AND CONSTRUCTIC N. The purpose cf this 
article is tc provide for taxisiut local self-government and 
intergovernmental cooperation. Dnits cf lccal gcvernaient shall 
have the powers and privileges granted to then ty this constitu- 
tion, all of which shall te liberally construed in favcr of units 
of lccal government. 

Section 2. DEFINITION. As used in this and ether articles 
cf this constitution, the term unit cf lccal gcvernaient shall 
mean any public entity organized in the manner prescribed by law, 
with boundaries in scae defined pcrticn of the state and with 
officials who are elected by voters residing within such bound- 
aries or who are appointed by officials sc elected. A unit of 
lccal government shall include counties, cities, tewns, or ether 
civil divisions, or any of these units functioning in a consoli- 
dated organization. 

Section 3. ORGANIZATION OF ICCAI GCVEFNMENT. The legis- 
lature shall provide by general law for the government cf coun- 
ties, cities, towns, and other civil divisions and for methods 
and procedures cf incorporating, merging, consolidating, and dis- 
solving such units cf lccal gcvernaent aDd cf altering their 
boundaries, including previsions: 

(1) For such classification cf units cf lccal government as 
may be necessary en the basis of population cr on any ether 



L36 



No. 



DELEGATE EECFCSAL 

40 - Local Government 



reasonable basis related tc the purpose of the classification; 

(2) For optional plans of irunicipal organization and 
government sc as tc enatle a county or city tc adept cr alanden 
an authorized optional charter by a majority vote cf the quali- 
fied vctcrs voting therecn; 

(3) For procedures by which a ccunty cr a city may prepare 
an alternative plan cf isunicipal organization and government to 
be adopted cr amended by a majority vote of the qualified voters 
of the city cr county voting therecr. 

(4) For procedures by which a ccunty, city, and town, cr 
counties and cities and tewns may prepare an alternative fcrm cf 
consolidated municipal government tc be adopted or amended by a 
majority vote of the qualified voters cf the jurisdictions 
affected. 

Section 4. POWERS CF UNITS CF LCCAL GOVERNMENT. A unit of 
local government may exercise any legislative fewer cr perform 
any function which is net denied to it by its charter, is not 
denied tc units of local government generally cr to its class cf 
local government, and is within such limitations as the legis- 
lature shall establish by qeneral law. This qrant cf powers to 
units of local government shall not include the power tc enact 
private cr civil law governing civil relationships except as 
incident tc an exercise of an independent ccunty cr city power, 
nor shall it include power to define and provide for the punish- 
ment cf a felony. 

Section 5. INTERGOVERBKENTAL CCCEEPATION. Subject tc any 
limitation which the legislature may make by statute, the state, 
or any one or more of its units of local government, may exercise 
any cf their respective powers, cr perfcrm any cf their respec- 
tive functions and may participate in the financing thereof 
jointly or in cccperation with any one or xcre units cf local 
government within this state or with ether states, or units cf 
local government of other states, cr with the United States." 



INTRODUCED BY: Z§Z_IeIi 

Z§^_Drum 

ZlZ_lU_I;.y.2n_Sp.arks 

^s/^ George H._ Felling 
/s^_Een_Eera 



^s^Virginia_B. .Blend 
^s/_Cscar_L i _ Anderson 
^s/ ij R._J._Studei: 



DELEGATE EFCFCSAL 
Nc. 41 - Appropriations 



137 



MONTANA CONSTITUTIONAL CChVENTICN 
1971-1972 
DELEGATE ERCFCSAL NC. 41 



DATE INTECEUCEE: JAN. 27, 1972 



Eef erred 
Ccnmittee 



tc Education and Public Lands 



A PRCECSAL FOR TWC NEW CONSTITUTIONAL SECTIONS iHICH WILL RETAIN 
THE PROVISIONS OF THE PRESENT CCNSTITUTICN RELATING TC APPROPRIA- 
TIONS FOR CHARITABLE PUEFCSES ANE AID TC NCNPUELIC SCBCCLS. 



BE IT 
MONTANA 



PROPCSED BY THE CONST HOT ICNAL CONVENTION OF THE STATE OF 



Section 1. There shall te a new Constitutional 
provide as fellows: 



Section to 



"Section . No appropriation shall te »ade for chari- 
table, industrial, educational or tenevclent purposes tc any 
parson, corporation or community net under the absolute ccntrcl 
of the state, nor to any denominational or sectarian institution 
or association." 



Section 2. There shall 
provide as follows: 



be a new Constitutional Secticn tc 



"Secticr . Neither the legislative assembly, nor any 

county, city, town, or school district or ether public corpora- 
tions, shall ever aake directly or indirectly, any appropriation, 
or pay from any public fund or aoneys whatever, or make any grant 
of lands or ether property in aid of any church, or for any 
sectarian purpose, or to aid in the support of any sebcel, acad- 
emy, seminary, college, university, or ether literary, scientific 
institution, controlled in whole or in part by any church, sect 
or denomination whatever." 



INTRODUCED EY: /s__ John._Hi_.Leut hold 



138 



DELEGATE PROPOSAL 
Nc. U2 - Initiative, Fef erenduro. Recall 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NO. <4 2 



DATE INTRODUCED: JAN. 27, 1972 



Referred to General Government and Con- 
stitutional Amendment Ccaiirittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING FOR INITIA- 
TIVE, REFERENDUM AND RECALL POWERS FOR LOCAL GOVERNMENT. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fcllcws: 

"Section . The legislature shall provide for recall of 

local elected officials and for the exercise of the initiative 
and referendum cowers ty the voters of subdivisions cf the 
state. " 



INTRODUCED EY: ZSZ-lirsini^H^EleEd 



DELEGATE PRCECSAI 
Nc. 43 - Education 



L39 



MONTANA CONSTITUTIONAL CCKVENTICN 
1971-1 S72 
DELEGATE PROPOSAL NC. 43 



DATE INTRODUCED: JAN. 27, 1972 



Referred tc Educaticc and Public lands 
Committee 



A PROPOSAL FCR A NEW CONSTITUTION AL SECTION PROVIDING FOR EQUAL- 
ITY OE EDUCATIONAL OPPORTUNITY. 

BE IT PROPOSED EY THE CONSTITUTION A L CCNVEKTICN OF THE STATE OF 
MONTANA: 

Section 1. There shall fce a new Constitutional Section to 
provide as fellows: 

"Section _. Equality of educational opportunity shall te 
guaranteed tc each perscn of the state. The legislature shall 
provide for the establishment cf programs necessary tc develop 
the full educational potential cf each perscn." 



INTRODUCED EY: ^s^_Eichard_J 3 __ChaB.£Oux 
^s/_Ecb_Cam£bell 

^s/_Jeroje_J i _Cate 



^s/_D i _A i _Scanlin 



DELEGATE FECFCSA1 
140 No. 44 - Judicial Article 



MONTANA CCNS1ITUTICNAL CONVENTION 
1971-1S72 
DELEGATE PROPOSAL NC. 44 

DATE INTFODUCED: JAN. 27, 1972 

Referred tc Judiciary Committee 

A PROPOSAL FOB A NEW JUDICIAL ABTICIE. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 

PC NT AN A : 



Section 1. There shall be a new Constitutional Article to 
provide as fellows: 

"ARTICLE 

THE JUDICIARY 

Section 1. The judicial power of the state shall be vested 
in a supreme court, in district courts and such ether courts as 
may be provided by law; except that the legislature shall provide 
for impeachaent proceedings in accordance with the provisions of 
this constitution. 

Section 2. The supreae court shall have appellate jurisdic- 
tion and general supervisory control ever all ether courts with 
the power to make rules and regulations not inconsistent with 
state law. 

Section 3. The appellate jurisdiction cf the Supreme Court 
shall extend to all cases at law and in eguity, subject, however, 
to such limitations and regulations as may be prescribed by law. 
Said court shall have power in its discretion tc issue and to 
hear and determine writs of habeas corpus, mandamus, guc war- 
ranto, certiorari, prohibition, injunction, supervisory control 
and such other original and remedial writs as may be necessary or 
:er tc the complete exercise of its appellate jurisdiction. 



Section 4. The Supreme Court shall consist of a chief jus- 



DELEGATE EECFCSAI 
No. 44 - Judicial Article 



141 



tice and four associate justices, a irajcrity cf whom shall be 
necessary tc form a quorum or pronounce a decision. The legis- 
lative assently shall have the power to increase the numter of 
associate justices. District judges may be substituted for any 
justice in any cause, and any decisions or opinion cf the dis- 
trict judge shall have the same fcrce and effect as if regularly 
participated in fcy a justice cf the supreme court. The Chief Jus- 
tice shall preside at all sessions cf the Supreme Court. In his 
absence, he shall appoint an associate justice tc preside in his 
stead. 

Section 5. The district ccurts shall have original juris- 
diction of all justiciable matters, both civil and criminal, 
including jurisdictions tc issue original and remedial writs, 
which may be issued and served on legal holidays and nonjudicial 
days. Process cf district courts shall extend tc all parts cf the 
state. Jurisdiction to review administrative actions shall be 
provided by law. There shall be the power cf naturalization , and 
to issue papers therefor, in all cases where they are authorized 
tc do so by the laws of the United States. 

Section 6. The legislative assembly shall divide the state 
into judicial districts and provide for the number cf judges in 
each judicial district. The legislative assembly shall have the 
power to change the number of judicial districts or their bound- 
aries and the number of judges in each district. 

Section 7. The justices cf the supreme ccurt and all other 
judges or magistrates shall have such qualifications, and shall 
be selected or appointed, and shall serve or be removed, in such 
manner and under such conditions as the legislative assembly 
shall provide by law. All vacancies fcr chief justice and associ- 
ate justice of the supreme ccurt and district court judge shall 
be filled by appointment by the Governor in such manner as the 
legislative assembly may provide by law." 



INTBOEOCEC EY: ZsZ_JeroB€_l^_Lcendcrf 



142 



DELEGATE PROPOSAL 
No. <45 - Individual Bights 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE FBOPCSAL NO. H5 



DATE INTRODUCED: JAN. 27, 1972 



Referred to Bill of Rights and Putlic 
Health, Welfare, Labor S Industry CcuBit- 
tees 



III, 3 



A ERCFOSAL AMENDING ARTICLE III, SECTION 3 OF THE CONSTITUTION OF 
THE STATE OF MONTANA RECOGNIZING THE EIGHT TO EASIC NECESSITIES. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article III, Section 3 of the present Constitu- 
tion is amended to read as fellows: 

"Sec. 3. All persons are born egually free, and have cer- 
tain natural, essential, and inalienable rights, among which **-y 
be — e e c kone d are the right of enjeyirg ard defending their lives 
and liberties, the_ri2iil_i2_ikS_i§§i£_SS£Sssities_cf _lif e^incljgd^ 

of acguiring, possessing, and protecting property, and of seeking 
and obtaining their safety and happiness in all lawful ways." 



INTRODUCED EY: Z§Z_iliS_R i _Konroe 
/s/_Richard_E i _Roeder 

ZsZ_B°t_Caffl£bell 

Z§Z_£crcthy_Eck 



^s/_Harold_Arbanas 

^s^_Lucile_S.£§er 

Z§Z.li£aiilii_Hi_Blend 



DELEGATE PROPOSAL 
Nc. 46 - Public Schools, Funding 



143 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NC. 46 



DATE INTRODUCED: JAN. 27, 1972 



Referred tc Education £ Revenue S Finance 
Committees 



A PROPOSAL FOR A NEW CONSTITUTION AL SECTION PECVIDING FOR THE 
FINANCING OF THE PUBLIC SCHOOL SYSTEM. 



SE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be- a new Constitutional Section to 
provide as follows: 

"Section _. PUBLIC SCHOOL FINANCING. The state shall 
assuie all financial responsibility for public free schools." 



INTRODUCED BY: ^s/ , flike_ McKeon 



144 



DELEGATE PBCPCSAI 
Nc. 47 - Elections 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PBCPCSAI NC. <4 7 



DATE INTRODUCED: JAN. 28, 1972 



Referred to General Government 
stituticnal Aa;endn;ent Cciaittee 



and Ccn- 



A PROPOSAL FOE A NEW CONSTITUTIONAL SECTICN FBCVIDING FCF THFEE 
TYPES OF ELECTIONS. 



BE IT PROPOSED 

MONTANA: 



BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. There shall 
provide as fellows: 



te a new Constitutional Section to 



"Section . There shall be three types of elections: gen- 
eral, nonpartisan and special. The general election shall te held 
to coincide with national elections and shall te for all partisan 
offices as elsewhere designated and for referendua and other mea- 
sures assigned by the legislature. The nonpartisan election shall 
he held on the first Saturday in April and snail be for all offi- 
ces elected en a nonpartisan basis and for all school elections. 
Special elections shall te fceld as called by the legislature. The 
subject natter herein assigned to one type cf election shall net 
be otherwise assigned tc any ether type cf election." 



INTRODUCED EY: Z§Z_£ar jgrie_Ca in 



DELEGATE PROPOSAL 
No. U6 - Water Fight: 



l t:> 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NC. U6 



DATE INTRODUCED: JAN. 28, 1972 



Referred to Natural Resources and Agri- 
culture COBBitt€€ 



A PROPOSAL FOE TWO NES CONSTITUTIONAL SECTIONS PROVIDING FOR 
WATEF RIGHTS. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall "be two new Constitutional Sections 
to provide as follows: 

"Section . All surface and subsurface water shall for- 
ever reoain the property of the people of Montana and subject tc 
appropriation for beneficial uses as provided by law. 

Section . Priority of appropriation for beneficial uses 

shall give the better right. Nc appropriation shall be denied 
except when such denial is demanded by the public interests." 



INTRCDOCED EY: /s/_flark_Etchart 



146 



DELEGATE PRCPCSA1 
No. 49 - Public Schools, Funding 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
EELEGATE PBCPOSAI NO. *»S 



DATE INTFODUCEE: JAN. 28, 1972 



Beferred to Education 
Committee 



and Eublic lands 



XI, 



A PROPOSAL AMENDING ARTICLE XI, SECTION 5 OF TBE CONSTITUTION OF 
THE STATE OF MONTANA PROVIDING FOB APPCBT ICNMENT OF SCHOOL FUNDS. 



BE IT PROPOSED EY TBE CCNSTIT CIICNAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. Article XI, Section 5 of the present Constitu- 
tion is amended to read as fellows: 

"Sec. 5. Ninety-five percentum (95S) cf all the interest 
received on the schcel funds of the state, and ninety-five per- 
centutn (95%) of all rents received frcrc the leasing of school 
lands and of all ether income from the public schcel funds shall 

be apportioned annually tc the several Eublic §l§S§ElSO SS^ 

§§£2£^3tl school districts cf the state as_the_lea,islature_j)a2 

direct i ift-pte^et-fciefl te th-e — R-H*-bec — e-f — ©hi-J4-j~e>fl — a*4 y o ut hs 

fee4*««« — the' a^e«-e-£— e-i* — (^)— a*-4~ t*«-R-t-y— e-ee — f-2-4-) — £€-ei4i-fref— *-fee-&e-i« 
Ee6pe 6 %i¥e4? T -feq%-«o diet r ict — eh-a-i-i — b e enti tle d - t o eaek dietribu 

4iv-e— sh-ace— i^a*— - deee— «e*-«a4-B*ai-B — a-f u fe ^ie — -fc-se-e ee-he-e-i — 4e« — a-t 

i«a«* — ei« — »«-«*hs-4*j*i*9— the — y^a-s foE-wh i ch eaeh ■ d i s tribution ic 
«a-&e-» The remaining five percentus (5J) cf all the interest 
received on the schcel funds of the state, and the remaining five 
percentum (5*) of all the rents received from the leasing of 
school lands and of all ether income frcm the public school 
funds, shall annually be added to the public schcel funds of the 
state and become and forever remain an inseparable and inviclable 
part thereof." 



INTRODUCED EY : Zs^_Cj}et_Bla_ylcck 

^s^_D i _A i _Scanlin_ 

/s/ Lyle_B._ M o nroe 



/s/_Geo£a,e_B i _Jaoes. 
/s/_Paul_K i _Harlow_. 



EELEGATE FECPCSAL 
No. 49 - Putlic Schccls, Funding 147 

^s/_Ecn_E i _Belcher Z§Z_N££i_D.._IiL£l£29 

Zs/_Llojd_Barnard_ Z£Z_Ieslie_Eskildsen_ 

^s^_Kagnus_Aasheij» 



1 1> 



DELEGATE FECPCSAL 
No. 50 - Equal Protection 



MONTANA CONSTITUTICNAI CCyVEMICN 
1571-1972 

DELEGATE FRCECSAL NO. 5C 



DATE INTRODUCED: JAN. 28, 1972 



Referred tc Bill of Fights Ccnirittee 



A PBCPCSAL FCR A NEW CCNS TITUTIC 1>AL SECTION GUARANTEEING TRE 
EQUAL EFCTECTICN OF TRE LAWS. 



BE IT PROPOSED EY THE CONST ITUTIC KAL CONVENTION OF TRE STATE OF 
KCKTANA: 



Section 1. There shall te a new Constitutional Section tc 
provide as fellows: 

"Section . The equal protection of the laws shall net te 

denied cr abridged fcy the state or its urits cf local gesernaent 
en account cf race, color, creed, national ancestry or sex." 



INTRODUCED BY: Z§Z_lot_CaB£bell 



DELEGATE EECFCSAL 
No. 5 1 - Equal Fights 



149 



MONTANA CONSTITUTIONAL CCNVENTICN 
1971-1S72 
DELEGATE FECECSAL NC. 51 



DATE INTEODOCEE: JAN. 28, 1972 



Referred tc Bill of Eights Ccaiittee 



A PROPOSAL FCR A NEW CONSTITUTIONAL SECTION EEOHIEITING DISCRIMI- 
NATES IN EMPLOYMENT ANL THE SALE OR RENTAL OF PROPERTY ON THE 
BASIS OF RACE, COLOR, CREED, NATIONAL ANCESTRY CR SEX. 



BE IT PROPOSE! BY THE CONST ITDTICNAI CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . All persons shall have the right to te free 

from discrimination en the basis of race, color, creed, national 

ancestry or sex in the hiring and proacticn practices of any 
employer or in the sale or rental cf property. 

These rights are enforceable without action by the legis- 
lature tut the legislature Bay provide additional remedies for 
their violation. 



INTRODUCED EY: Z5Z_l2t_CamEbell 



150 



DELEGATE PROPOSAL 
No. 52 - Elections 



MONTANA CONSTITUTIChAL CONVENTION 
1971-1S72 
DELEGATE PROPOSAL NO. 52 



DATE INTRODUCED: JAN. 26, 1S72 



Referred to General Government and 
stituticnal Amendment Committee 



Con- 



xix, e 



A PROPOSAL AMENDING ARTICLE XIX, SECTION 8 CE THE CONSTITUTION OF 
THE STATE OF MONTANA TC PERMIT EUTUBE CONSTITUTIONAL CCKVENTICN 
DELEGATES TO BE ELECTED ON A NCN-PAFTISAN BASIS. 



BE IT PROPOSED 
MONTANA: 



BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. Article XIX, Section 
ticn is amended to read as fellows: 



8 of the present Ccnstitu- 



"£ec. 8. The legislative assembly may at 
vote of two-thirds of the meffters elected to 
to the electors of the state the question whet 
a convention to revise, alter, or aierd this c 
a majority of those voting on the question sha 
of such convention, the legislative assembl 
session provide for the calling thereof. The n 
the convention shall be the sate as that of th 
sentatives, and they shall be elected -i* 
the same places T and in the same districts-r bu 
basis^ The legislative assembly shall in the 
convention designate the day, hour and place 
the pay of its members and officers, and provi 
of the same, together with the necessary expe 
ticn. Before proceeding, the members shall tak 
port the constitution of the United States 
Montana, and to faithfully discharge their dut 
the convention. The qualifications of member 
as of the members of the senate, and vacancies 
filled in the manner provided for filling vaca 
lative assembly. Said convention shall meet 
after such election and prepare such revision 
amendments to the constitution as may be deem 
shall be submitted to the electors for thei 



any time, by a 
each house, submit 
her there shall be 
crstitution; and if 
11 declare in favor 
y shall at its next 
umber of members cf 
e house cf repre- 

tn^ u a ^v^t ■ u u n v r a \* 

t_on_a_nci> = £artisan 
act calling the 
of its meeting, fix 
de for the payment 
nses cf the cenven- 
e an oath tc sup— 
and of the state of 
ies as members cf 
s shall be the same 
occurring shall be 
ncies in the legis- 
within three months 
s, alterations or 
ed necessary, which 
r ratification or 



DELEGATE PROPOSAL 
Nc. 52 - Elections 



151 



rejection at an election appointed ty the convention for that 
purpose, not less than two nor ncre than six ncnths after the 
adjournment thereof; and unless so sufcnitted and approved by a 
majority of the electors voting at the electicr, nc such revi- 
sion, alteration or auecdnent shall take effect." 



INTRODUCED BY: ls£_Kar2aret_S ± _Uarden 

/s/ Carl. H. _ Cayis 

/s/_Dcualas_Delane_j 

/s/ Gecrge H. Rollins 

^s^_Harcld_Arbanas 

ZsZ_Clark_E i _Sison 

/s^_Charles_B A _RahCEe2 



/s/_Virainia_H i _Elend_ 

^s^_|red_J._Martijn 

/s^_Haurice_Eriscoll___ 
^s/_J i _C i _Garlinaton__ 

^s^_Chet_E lay. lock 

/s/_C_._A i _Scanliii 



\w> 



EELEGATE PBCPCSAl 
No. 53 - Elections 



MONTANA CONSTITUTIONAL CONVENTION 

197 1-1912 

DELEGATE PFCPCSA1 MJMEEB 53 



DATE INTRODUCED: JAN. 28, 1972 



Referred to Judiciary CcmBittee 



VIII, 20 



A PROPOSAL AMENDING ARTICLE VIII, SECTION 2C OF THE CONST1TCTICN 
OF THE STATE Of MONTANA. 



BE IT PROPOSED 
MONTANA: 



EY THE CONSTITUTIONAL CCNVENTICN OE THE STATE CF 



Section 1. Article VIII, Section 
stituticn is amended to read as fcllcws: 



20 of the present Con- 



"Sec. 2C. There shall te elected in eae-h- o rgan! g od — t ew a e ai p 
■e-f each county b~y-%»ee l es t e re -oi—eaea— feewj^s-ai-p at least twc jus- 
tices cf the peace, jith_gualif ications^ training^,,, and aonthlY 

compensation as provided b v_la w , who shall~hcld their cffices-y 

O K Gept as o th e rwi se pro vi ded 4»— t-a-ie ■ eea et it« ti €' fi y fcr the term 

of ■%*« four fjf}_ years. Justice* courts shall have such original 

jurisdiction within their respective counties as say be pre- 
scribed by law, except as in this constitution otherwise pro- 
vided; provided, that they shall net have jurisdiction in any 
case where the debt, daaage, claia or value cf the property 

involved exceeds the sua of -feare e hu ndr e d — do ll a rs one th.2HS.Sfid 

^SiiaSS-illxOOCli The legislature gay provide .for additional _jus^ 

tices Ql_thg_Egace . in .each _ccgntj;_gr other types cf courts fcelcw 

the_district_ccurt_ level_as^is degied necessar j. 

INTRODUCED Bi: ^s^_ThCBas_J1 i _Ask 

^s^_£arl_M i _Eavis ZIZ.Dcualas_Delanej 

^s^_Jghn_H i _Anderscn_Jr i 



DELEGATE FRCPCSAl 
No. 54 - County Officers, location 



L53 



KCNTANA CONSTITUTICNAI CCNVEMICN 
1S71-1S72 
DELEGATE PROPOSAL NO. 5U 



DATE INTRODUCED: JAN. 28, 1972 



Referred to Lccal Government Coamittee 



XIX, 6 



A PROPOSAL REPEALING ARTICLE XIX, SECTION 6, OF THE CC NST IT CTIC N 
OF THE STATE OF MONTANA. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
WCNTANA : 



Section 1. Article XIX, Section 6 of the present Constitu- 
tion, which reads as follows, is repealed: 

fl ^ 6f-^ — -A-H-— &e«**? — e"£-£iee*s — s^-14— ke-e-E— t-h-e± r - o f faces — a-fe 
t he e oa n ^y-sea fe s—e-f-feke it -E e sfree-fe-JHre — ee-tt*4-iee-r-»» 



INTRODUCED BY: /s/_Geor2€_Vj a ._Rollins 



DELEGATE FECECSAI 
1,4 Nc. 55 - Compensation, Victims cf Criae 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE FBOPOSAL NO. 55 

DATE INTRODUCED: JAN. 28, 1972 

Referred to Bill cf Bights Ccaaittee 



A PBOPOSA1 FCR A NEW CONSTITUTIONAL SECTION FBCVIDING FOB COMPEN- 
SATION JOB VICTIMS CF CFIME. 



BE IT PBCPOSED EY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 
MONTANA: 



Section 1. There shall he a new Constitutional Section to 
provide as fellows: 

"Section . BIGHTS CF VICTIMS OF CBIME. Victias of criaes 

shall be coapensated by the state fcr the reasonable value of all 
injury proven to be the proxiaate result of the criae." 



INTRODUCED BY: /s/ Jeroae J. Cate 



EELEGATE PRCFCSAI 
No. 56 - Lccal Government 



i ;,;, 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S"/2 
EELEGATE PBCECSAL NC. 56 



DATE INTBCDUCEE: JAN. 28, 1972 



Referred to Lccal Government Ccmmittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL ARTICLE CN ICCAL GOVERNMENT. 



BE II PROPOSED BY THE CONSTITUTIONAL CCNVEMICN CF THE STATE CF 
BCNTANA: 



Section 1. There shall be a new Constitutional 
provide as follows: 

"ARTICLE 



Article to 



LCCAL GCVEFNKENT 

Section 1. PURPOSE ANE CONSTRUCTION. The purpose cf this 
article is to provide for maximum lccal self-gc vernment with a 
minimum cf lccal governffient units, and to prevent duplication cf 
tax-levying jurisdictions. A literal construction shall be given 
to the powers cf lccal government units. 

Section 2. POLITICAL SUBEI VISIC NS . All lccal government 
powers shall be vested in the political subdivisions cf the 
state. These shall include, but shall ret be limited to, cities 
and counties. Each political subdivision shall have the pewer to 
frame and adopt a charter for its own se lf-gcver nien t within 
liaits and under procedures provided by law. 

Section 3. CLASSIFICATION. The legislative assembly shall 
classify the political subdivisions cf the state. Such political 
subdivisions shall have those powers and functions provided by 
charter or law, allowing for maximum local participation and 
responsibility . 



Section 4. HOME RULE 
political subdivision of 
repeal a heme rule charter 
legislative assembly may 
subdivisions. 



CHARTERS. The gualified voters in any 
the first class may adept, amend, or 

in a manner provided by law. The 
extend heme rule to other political 



156 



No. 



DELEGATE PECPCSAI 

56 - Lccal Government 



Section 5. HCKE BOLE POfcEE. A heme rule unit may 
all legislative powers not prohibited by law cr charter. 



exercise 



Section 6. INTERGOVERNMENT AI CCCPEBA1IC H . (1) Regardless of 
heme rule classification, agreements, including those fcr cooper- 
ation and joint administration, and fcr transfer of functions 
between local subdivisions, local subdivisions and the state, or 
local subdivisions and the United States, nay be cens undated 
except where prohibited by law cr charter. 

(2) The state shall encourage intergovernmental cooper- 
ation, and shall provide fcr methods by which its political sub- 
divisions may annex, consolidate, cr change their form of govern- 
ment. A state agency en local affairs may be created by the 
legislative assembly to coordinate, advise and assist the various 
political subdivisions. 

Section 7. TAXATION. The political subdivisions of the 
state shall have the pewer to tax, improve through special 
assessments, and to incur indebtedness, as provided by law. 

Section 8. SPECIAL ACTS. Special acts of the legislature 
shall not be effective upon any particular subdivisicc cf the 
state unless approved by a majority of the gualified electorate 
voting therein." 



INTBCCDCED EY: ZSZ_Warian_S i ._Erdmann 



DELEGATE PROPOSAL 
No. 57 - I r. dividual Rights 



157 



MONTANA CCNSTI1UTICNAL CONVENTION 
197 1-1S72 
DELEGATE FEOFCSAL NO. 57 



DATE INTRODUCED: JAN. 26, 1972 



Referred tc Bill cf Rights CcBimittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION ERCVIDING FOP CITI- 
ZENS RIGHTS OE ACCESS TC GOVERNMENT DOCUMENTS AND PROCEDURES. 



BE IT PROPOSED BY IHE CONSTITUTIONAL CONVENTICN Zt THE STATE OF 
MONTANA: 



Section 1. There shall te .a new Constitutional Section to 
provide as fellows: 

"Section. . No person shall be deprived cf the right to 

examine docuaents or to observe the actions and deliberations of 
all public officials or agencies of state government and its sub- 
divisions, except in cases in which the demand cf individual pri- 
vacy exceeds the merits of public disclosure." 



INTRODUCED BY: Z§^_Dorcthv._Eck 

Z§^_Don a ld_ Fester 

,/syHarshallMurray 
/s/ m Gegrge_B. . James 
/s/_ Jean _Egw aan 



^s/_Ljle_R i _Mcnroe 

^s^_Bcb_Camt.tell 

^s/_Paul_K. .Harlow 



158 



DELEGATE FFCPCSA1 
No. 58 - Constitutional Convention 



MONTANA CONSTITUTIONAL CONVENTION 
1S71-1S72 
DELEGATE FRCFCSAI NO. 56 



DATE INTFCCUCEE: JAN. 28, 1972 



Referred tc General Government and Con- 
stitutional Affendirent Committee 



A PROPOSAL FCR A NEK CONSTITUT ICN AL SECTION PROVIDING FOR PERIOD- 
ICALLY PRESENTING THE QUESTION CE A CONSTITUTIONAL CONVENTION TO 
THE VOTERS. 



BE IT 
MONTANA 



PROPOSED BY THE CONST IT CTICNAI CONVENTION OF THE STATE OF 



Section 1. There shall be a new Constitutional 
provide as fellows: 



Section tc 



"Section . The legislature may at any tiie call a con- 
stitutional convention or submit the question of the calling tc 
the voters. If a constitutional convention has not been called cr 
the guesticn submitted to the voters of the state for a pericd cf 
twenty (2C) years, the Secretary cf State shall certify the ques- 
tion, "Shall there be a convention for the purpose cf revising 
the state constitution?" to the voters cf the state at the next 
general election. A convention shall convene before the expira- 
tion of two (2) years after a majority of the voters have voted 
tc call a ccn venticc . " 



INTRCEUCED BY: ZsZ_Gene_Hart ays]} 
Zs/_Rcd_Fanscn 



DELEGATE PROPOSAL 
No. 59 - Ereasfcle 



159 



MONTANA CONSTITUTIONAL CONVENTION 
197 1- 1S72 
DELEGATE PFCPOSAL NO. 59 



DATE INTRODUCED: JAN. 26, 1972 



Referred to Bill of Fights Ccnnittee 



A PROPOSAL FOR A NEW PREAMBLE TO THE CONSTITUTION OE THE STATE CF 
HCNTANA. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA. 



Section 1. There shall be a Freaahle in the new Constitu- 
tion to read as follows: 

"PREAHEIE 

We, the People of Montana, instilled with the Spirit cf cor 
Creator, gathering our strength frci the grandeur of our 
mountains and the richness of our rolling grasslands, with a 
reverence for the guiet beauty of our state, with the desire to 
live in peace, in order to improve the guality cf life and egual- 
ity of opportunity for this and succeeding generations, dc hereby 
ordain and establish this Constitution. •» 



INTRODUCED EY: /s^ B ob Caapbe ll and Bae San.gcfcinson 



160 



EELEGATE PROPOSAL 
No. 6C - Ccurty Ecundaries 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE EECPCSAL NC. 6C 



DATE INTRODUCED: JAN. 29, 1972 



Referred to Local GcverEHient Ccsfflittee 



XVI, 8 



A PRCPGSAL AMENEING ARTICLE XVI, SECTION 8 OF THE CONSTITUTION CF 
THE STATE OE MONTANA TO PROVIDE THAT COUNTIES NOW IN EXISTENCE 
MAY NOT EE ABCLISHEC WITHCOT A VOTE CF THE FECFIE. 



3E IT EEOPOSEE EY THE CONSTITUTIONAL CONVENTION CF THE 
MONTANA: 



STATE CF 



Section 1. Article XVI, Section 8 cf the present Constitu- 
tion is amended to read as fellows: 

"Sec. 8. Any county or counties iD existence on the first 
day cf January, 123% 1972. under the laws cf the state cf Montana 
e~t — w-hieh — »ay — %ke*e*#4e* — fee — etea^^ d- or -eeta-fel i c fe e^-- the re un d er 
shall not be abandoned, abolished ard/cr consolidated either in 
whole cr in cart or at all with any ether county cr counties 
except by a aajcrity vote of the duly qualified electors in each 
county proposed to be abandoned, abolished and/cr consolidated 
with any ether county or counties expressed at a general cr spe- 
cial election held under the laws cf said state." 



INTRODUCED EY: /§^_Rod_Hanson 

^s/_Ctto_T._Habedank 

Z§^_ Ma rgaret_S_._ Warden 
Zs^_J i _K i _Ward x _Dr i 



/s^_Erv_Gjsler 

/s u /_Gene_Harfcajia l h 



DELEGATE FRCFCSA1 
No. 61 - Equal Protection 



1B1 



MONTANA CONSTI1CTICNAL CONVENTION 
1971-1S72 
DELEGATE PEOFOSAL NO. 61 



DATE INTRODUCED: JAN. 29, 1972 



Referred to Bill of Fights Ccmnittee 



A PROPOSAL FCR A NEW CONSTITUTIONAL SECTICN PROVIDING FOE EQUAL 
PRCTECTICN OF TEE LAW. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Ccnstitut icr.al Section to 
provide as fellows: 

"Section . The dignity of the human being is inviolable. 

No person shall te denied the egual protection of the law, nor be 
discriainated against in the exercise of his civil or political 
rights or in the choice of housing or conditions of eaployaent on 
account of race, color, sex, birth, social origin or condition, 
or political or religious ideas, by any person, fira, corpora- 
tion, or institution; or by the state or any agency or subdivi- 
sion of the state." 



INTRODUCED BY: ^s^_SichazA_ J x .Chaapoux 
i^i.. Mil^iag_A. .gurkhardt 
^s^_Marshall_Morray 



^s^_J A _Bason_Helvin 
/s/ Jeroae . J. Cat€ 



DELEGATE PRCPCSA1 
162 No. 62 - Beappcrtioraent , Boundary Coaaission 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NC. 62 



DATE INTRODUCED: JAN. 29, 1972 



Referred to General Gcvernnent and Con- 
stitutional Amendment Ccaxittee 



A PROPOSAL FOR A NEW CONSTITDTIONAL ARTICLE CREATING A REAPPOR- 
TIONMENT AND ECUNEARY CCMMISSICK. 



BE IT PROPOSED BY THE CONSTITUTION AL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Article tc 
provide as follows: 

"ARTICLE 

REAPPORTIONMENT ANT ECDNEARY COMMISSION 

Section 1. COMMISSION. There is created a reapportionment 
and boundary coaaission, the Governor and the Bajcrity and aincr- 
ity leaders of the senate and the speaker and ainority leader cf 
the house each shall appoint one (1) meiber to the coaaission. 
Teres and compensation cf the Beaters shall be fixed by law. 

Section 2. REAPPORTIONMENT. It shall be the duty cf the 
coaaission after each United States census tc prepare a plan of 
redistricting and reappcrtionaent of the legislative assembly en 
the basis of equal representation. The plan will become effective 
sixty (60) calendar days after its subaission to the legislative 
asseably unless rejected by a aajority vote of the total member- 
ship cf the legislative asseably. 

Section 3. PRECINCTS. It is the duty of the coaaissicn 
after each United states census to redraw the boundaries of elec- 
tion precincts throughout the state so as to achieve egual repre- 
sentation. Such plan is effective sixty (60) calendar days after 
its subaission to the legislative asseably unless rejected by a 
majority of the total aeBbership of the legislative asseably. 

Section 4. REJECTION. When the legislative asseably ini- 
tially rejects either the legislative reapporticnaent or precinct 



DELEGATE FRCPCSAI 
No. 62 - Reapportionment , Boundary Ccamission 



UVA 



plans provided for in sections 2 and 3 of this article, it shall 
have an additional thirty (30) days to adept an alternative plan 
or plans. Failure to adept such an alternative shall result in 
the original plan of the commissicr becoming law. 

Section 5. BOUNDARIES. The commission shall be empowered to 
examine the boundaries of all local government units and tc make 
recommendations to the legislative assembly regarding any changes 
which would improve governmental services. 

Section 6. CTHER DISTRICTS. The commission shall be eipcw- 
ered tc examine the boundaries of congressional and judicial dis- 
tricts, and any ether districts referred tc it by the legis- 
lature, and make recommendations tc the legislature regarding 
changes in the boundaries cf such districts." 



INTRODUCED EY :^s/_Hrs i _Thomas_^Kat ie^_Eajrne 
^s/_Mae_Nan_RobinscE 



164 



DELEGATE PRCPCSAI 
Nc. 63 - Legislature, financial Disclosure 



MONTANA CONSTITUTIONAL CCNVENTICN 
1971-1972 
DELEGATE PROPOSAL NC. 63 



DATE INTRODUCED: JAN. 29, 1972 



Referred to Legislative Ccsaittee 



V , 44 



A PROPOSAL AMENDING ARTICLE V, SECTION 44 OF THE CONSTITUTION CF 
THE STATE OF MONTANA PROVIDING FOR LEGISLATIVE FINANCIAL DISCLO- 
SURE. 



BE IT PROPOSED BY THE CONST ITUTIC KAL CCNVENTICN CF THE STATE CF 
BCKTANA: 



Section 1. Article V, Section 44 cf the present Constitu- 
tion is amended to read as follows: 



"Sec. 44. A — ae*be« — w h o h ao - 
±»—a-fif-ifhea6*E-e-«*— tii-1— f*«f e«€< 
a6se*fei^T— s£a-li-4i66ie€€ — fci 
ge a fee E 7 — aft-4 — e-fea-1-1 — ftfrt- o e te- ' 



-^■e«eaal-«^-i 

**4 in g b e for e t ae l e gi s l a tiv e 

Kejbers_cf_ the legislative 



l§§55til_§hall_f ile_vith_the Secretary cf State a disclosure 

I§£2Il g|„ t he ir_ financial inter ests_and~scurcei_of_iccoBie i The 

report shall be o^en for E_bl_c Aspect icn_. The legislative 

issenblv. gav_egtend_the_ prcvisicrs _ cf _ this sgctkjjtocthgrji^ 

bers_of_stat___cverE_e_t_" 



INTRODUCED EY: _"sZ_Rober t_Veriillicn 
/s/ Lyle_g. _gonroe 
Z§Z_Es._ A .i_§£3nlin_ 



Zgz_Gegrge_E._Heli.ker 



DELEGATE FRCFCSAL 
No. 64 - Interest Rate 



165 



PCNTANA CCNSTITOTICNAL CCNVEMICN 
1971-1972 
DELEGATE FRCPCSAL KC. 64 



DATE INTFCDUCEE: JAN. 29, 1972 



Referred tc General Government and Con- 
stitutional A nerd irent Ccnuittee 



A PROPOSAL FOR A NEW CCNSTIT DT ICN AL SECTION FBCVICING FOR A KAXI- 
HOH INTEREST RATE Of TWELVE PERCENT. 



3E IT FPOPOSEE BY THE CONSTITUTIONAL CCIVENTICN OF THE STATE CE 
MONTANA: 

Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . Interest en debts or obligations of any 

nature may never exceed ar. annual rate of twelve percent (12?)." 



INTRODUCED EI: ls^_Jercm€_J ± _Cate 



Z§Z_33S_{lS2_££feii3§£il 



166 



DELEGATE EFCECSAL 
No. 65 - Eights ct Children 



MCN1ANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE FRCFCSAL NO. 65 



DALE IN1F0EUCEE: JAN. 29, 1972 



Referred to Bill of Eights Committee 



A PROPOSAL FCR A NEW CONSTITUTIONAL SECTION RECOGNIZING RIGHTS CP 
A EEESCN UNDER THE AGE OF MAJORITY. 



EH IT PROPOSED BY THE CONSTITUTIONAL CCNVENTICN OE THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . Those under the age of majority are persons. 

Such persons have the right to that escticnal, social, physical, 
educational, and aoral environment necessary to attain their full 
potential. In accordance with this statement cf principle, the 
rights cf persons under the age cf majority shall include, but 
not be limited to, all the fundamental rights of a Montana 
person, except where specifically precluded by law and the 
demands cf a proper parent-child relationship . w 



INTRODUCED EY: Zs^Jjle^R^Honroe 

4 /s/_Coroth^_Eck 

^s/_Harold_Arbanas 
/s^_Frank_Arness 



L$l_ Virginia .H, Elend 

/s/ Bctert J. ygr»ill:icn 
ZS/_!rlyjie_BeicherJ 



DELEGATE FFCPCSAL 
No. 66 - Taxat icn 



167 



MONTANA CONSTITUTICNAL CCNVENTLCN 
1971-1972 
DELEGATE FRCFCSAL NO. 66 



DATE INTRODUCED: JAN. 29, 1972 



Referred tc Revenue and Finance Ccumittee 



A PEOFOSAL FOR A NEW CCNSTIT DTICN AL SECTION AUTHORIZING THE 
LEGISLATURE TC FROVIDE FOB EXCISE TAXES IN LIEU OF PERSONAL FPCP- 
EFTY TAXES ON PCTCR VEHICLES, AIEFLflNES, ECATS, TRAILERS AND 
SIMILAR PROPERTY. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION CF THE STATE Or 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section _. The legislative assembly nay exempt frca 
property taxation any motor vehicles, airplanes, boats, trailers 
or similar property, and provide for an excise tax in lieu 
thereof, the proceeds of which are distributed proportionately tc 
the taxing districts otherwise entitled tc iiipcse personal prop- 
erty taxes thereon." 



INTRODUCED EY : ZSZ.Jolj£_lLs._S£hiltz 
Zs^_Jerome_T j ._Lcendcrf 



DELEGA1E PROPOSAL 
1(18 No. 67 - Preamble 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NO. 67 

DATE INTRODUCED: JAN. 2S, 1972 

Referred to Bill of Fights Committee 

A PROPOSAL FOR A NEW PREAMBLE TO THE CONSTITUTION OF TRE STATE CF 
MONTANA. 



BE IT EFOPCSED BY THE CCNSTITUT ICNAI CONVENTION CF THE STATE OF 

MONTANA: 

Section 1. There shall te a Preamble in the new Constitu- 
tion to read as follows: 

"PREAMELE 

We, the People of Montana, grateful to the Spirit of Cre- 
ation, mindful of cur rich heritage, thankful for cur rugged 
mountains and rolling plains, and desiring to secure the bless- 
ings of liberty for ourselves and future generations, do ordain 
and establish this Constitution." 



INTRODUCED EY: Zs^_Dgnald_R. .Foster 

ZsZ.lyle.Ei.Monrce ZSZ.Ii£hell - K i _gan§field 



Nc. 



DELEGATE FBCFCSAL 
68 - Putlic School Fund 



L69 



MONTANA CONSTITUTIONAL CONVENTION 
197 1- 1972 
EELEGATE FBCFCSAL NC. 66 



DATE IKTFCDUCSE: JAN. 29, 1972 



Referred tc 
Committee 



Education and Putlic lar.ds 



XI, 1, 3, 5, 6, 7, 1C, 12 



A PRCECSAL TC AMENE ARTICLE XI, SECTIONS 1, 3, 5, ANE 12 AND TC 
REPEAL SECTIONS 6, 7 ANE 10 OF THAT ARTICLE TC FEOVIDE FOR 
INVESTMENT OF PUBLIC SCHCCL FUNDS AS PROVIEEE EY LAW. 



BE IT FFOPOSED EY THE CONSTITUTIONAL CONVENTION OF THE 
MONTANA: 



STATI CF 



Section 1. Article XI, Section 1 of the present Constitu- 
tion is amended to read as fellows: 

"Sec. 1. l-t-e&ali— fe-e- %4he-4-«*}~ &4 The legislative assembly 
of Montana -te shall establish and maintain a general, uniform, 
&b4 thorough and equitable system of putlic, free, ccbicd schools 
o£en_t c_a 11_ c.e r sen s_as_£ro2ided_by__ la w . " 

Section 2. Article XI, Section 3 cf the present Constitu- 
tion is amended to read as follows: 

"Sec. 3. €««£ The public school fund shall forever remain 
inviolate, guaranteed by the state against less or diversion, tc 
be invested, — e»4 ar a e p «-&eJhk^« T -4e-p «b l ie ~ e«€*ig4%4e-6~ w4%Jf>JH*— t^-e 
s t at 0, incl ud ing ■ 6 €-keol di 6 tr 4«4— fe««44-r~ ig€-ae-4-£«f — -tke — e-Ee-€4i«* 
e-f — s eh eel — buildi n gs, under the restrictions tc be provided ty 
law." 

Section 3. Article XI, Section 5 of the present Constitu- 
tion is amended to read as follows: 

"Sec. 5. Ninety-five percentum (95K) cf all the interest 
received on the school funds of the state, and ninety-five per- 
centum (951?) cf all rents received from the leasing cf school 
lands and of all ether income from the public school funds shall 
be e^uitatli apportioned annually tc the several school districts 
of the "state in p ro po r t-te-ft— fce-»ke-fm«kes— e~f— eh444-ge-B-a«-4--y-e-u^fe6 



170 



Nc. 



DELEGATE EBCFCSAL 
66 - Fublic Scbccl Fund 



ae*weea-*ae— a-^e-s— €>-#— ei-x — (4-) — a«4-%we«ty-eae 

-e^e-pee^i-v-e-t-y-y as .Eio^ided kl 2^w x tut 

entitled tc such distributive share that 
public free school fcr at least six men 
which such distribution is Bade. The rei 
(53!) cf all the interest received on 
state, and the remaining five percentum (5 
received free the leasing cf schcel lands 
frcfli the public school funds, shall an 
public school funds of the state and lecom 
inseparable and inviolable part thereof." 



— (<4>-5eei4i«g — *ae~eeia 
nc district shall be 
dees r.ct maintain a 
ths during the year fcr 
ainirg five percentum 
the schcel funds of the 
%) cf all the rents 
and cf all ether income 
nually be added tc the 
e and forever remain an 



tion 



Section U. 
is amended 



Article XI, Section 12 of the 
tc read as fcllcws: 



present Ccnstitu- 



"Sec. 12. The various funds cf the state university system 
and cf all ether state institutions of learring, from whatever 
source accruing, shall forever remain inviolate and sacred tc the 
purpose for which they were dedicated and_shall_b€_in vestedunder 

regulations^ ££§§£.£ ibed b v. law . £-&e — -va~E-i««€ — #~»*4« shall — fee 

j~ee^ee%4ve~ly— £«ve6-fee4~ ua4-eg-ea€a—- se-g q latic a-e- a c aa y b o pre6€E& fc e 4 

■a-y-ia w y - a&4— eaa4-l be- g uaraB4e e 4— fe^f — t^e — €*-a*e a- f aiaet lece cr 

4jrv^-£ej:e«-r-^b-e- 4Bt € {€6t-e^-€-a44 iB V€ £ t e4--f- BBd€ T — t eget h er -with- fe ae 

j-te-a-H-- fee — devot e d ' t c- th e 
-ae-g-pe % «a44« B -o f - th €£o — re cre ativ e — ^e 6* 4 ^4 -tea e-r" 

Section 5. Article XI, Section 6 cf the present Ccrstitu— 
ticn, which reads as follows, is repealed: 

-t-e pc ev id e — te-y — %<n a t i6H T a* «4k«-E*iee T — s«4446iaa%— »e«k«« T — i* 

tc m aintain a -P-Ba^iey— 4fee- c o«t€B — eeaee l in e a e-b — e-Egaaaae d ■ 4 i e- 
t e aofe — i-B — tft-e — s t a t e T — for at l e a s t t h^ee -aon th e—i-E-eaeta — y«a-E»- u 

Section 6. Article XI, Section 7 cf the present Constitu- 
tion which reads as follows, is repealed: 

«»SeeT-?t — g fe e-fgfelie-£i 

t © ■■ d 4x — €oiiw±rfi- Sfi 3 ~ y O v% fl — v^ %A 

years* " 

Section 7. Article XI, Section 10 of the present Constitu- 
tion which reads as follows, is repealed: 



- n W ^/^1 

s- a t- w a io -i 



— e~## isere -e h al 
^# i ce r 




INTBCDOCED EY: Z§Z_Car2_.5A_IL§.Si§ 



DELEGATE FRCPCSAL 
No. 69 - Prosecuting Attorneys 



171 



KCNTANA CONSTITUTIONAL CONVENTION 
197 1-1 972 
DELEGATE PKCPOSAL NC. 69 



DATE INTECDUCED: JAN. 29, 1972 



Referred tc Judiciary Committee 



A PROPOSAL FCR A NEW CONSTITUTIONAL SECTION IN THE JOEICIAI ARTI- 
CLE TC PROVIDE FCR PROSECOTLNG ATTORNEYS. 

BE IT ERCPOSED EY THE CONST ITDTLONAL CONVENTION OF THE STATI OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section in 
the Judicial Article to provide as fellows: 

"ARTICLE 

THE JUEICIAFY 

Section _. There shall te elected thrcughcut the state 
prosecuting attorneys whose jurisdiction and duties shall re pre- 
scribed by the legislature." 



INTRODUCED BY: Z§^_Car l_H i _Davis 
Z§Z_lhc.I3S_H_j_Ask 



DELEGATE PRCPCSAL 
172 No. 70 - Consumer Protection 



KCNTANA CONSTITUTIONAL CONVENTION 
1971- 1S72 
DELEGATE PRCPCSAL NC. 7C 



DATE INTFODUCED: EEE. 1, 1972 



Referred tc Public Health, Welfare and 
labor Ccfflttittee 



A PROPOSAL FCR A NEW CONSTITDTICNAL SECTION PROVIDING FOB CON- 
SORER PROTECTION. 



BE IT PROPOSEE EY TBE CONSTITUTIONAL CCNVENTICN CF THE STATE CE 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

Section . CONSUMER PBCTECIICN. The legislature shall 

provide by law for the protection and education of the citizens 
of the State against harnful and unfair business practices. H 

INTROEUCEE EY: Z§Z_lM£iii_S£eer 

^s/_Lv.le_R i _Monrce Zs/_aae_Nan_Rcbinscn 

^s^_Da£hne_Eua l bee_ /§/ _ Arlvne .Beichert 



EELEGATE FBCFCSAL 
No. 71 - Merit System 



173 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S-/2 
EELEGATE PROPOSAL NO. 71 



DATE INTRODUCED: PEE. 1, 1972 



Referred tc Public Health, Welfare and 
Later Committee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTICN PRCVIDING ECR A MERIT 
SYSTEM FOR STATE EMPLOYEES. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 
MONTANA : 



Section 1. There shall be a new Constitutional Section tc 
provide as fcllcws: 

"Section . MERIT SYSTEM. The legislature shall provide 

for the establishment and maintenance of a merit systes ir the 
civil service of the state. Appcintserts and promotions shall be 
based en merit and fitness, demonstrated by examination cr ether 
evidence of competence." 



INTRODUCED EY: ^sl_Lucile _S£eet 
^s^_Jean_Bowm an 

Zs;^_Arl2ne_Reichert 



^s^_flae_Nan_Rcbinscn 

/s/ Lyle_R._Hgnroe 

^s^_Dorctbj_Eck 



174 



LELEGATE PRCPCSAI 
No. 72 - Taxation 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE PROPOSAL NC. 72 



DATE INTRODUCED: FEE. 1, 1S72 



Referred to Eevenue and Finance Committee 



XII, 3 



A PRCPOSAL REPEALING ARTICLE XII, SECTION 3, OF THE CONSTITUTION 
OF THE STATE OF HONTANA. 



BE IT PROPOSED BY THE CONSTITUTIONAL CCNVENTICN OF THE STATE CF 
MONTANA: 



Section 1. Article XII, Section 3 of the present Constitu- 
tion, which reads as follows, is repealed: 

u S6€t-Jt — A-44 — a in e e - a -fl^ — a-ift^-B^-ela-iae-y—fe-e-feh- g l ace r a sd g^&k- 
-^B-p lac oy coc-fea i n iB g-ee beariag ge i d T -sil v er-r— egpp^-E-y— lead? — «ea-l 
e-E — e*he-E — »a^ uab le mineral ■ d e p e6^46 T -a-£fee-E~f«-fr6haee th e r eof 4-e^b 

4he Wai ted Stat «s T - £ hall b e tag ed — a*-*~ke— p*-i€e~p-ai4 — **« U ni t ed 

S%a fc €6— fc-he-Ee^-e-fc-y — ««l-eg-s— 4 h e ■ e at { ae^-ft^»)4 T -et-gfrig — pa-E4— * h e r ee# T 
e t -en c h ai n e ■ e f -€hla-i«-y — i s u sed for e% h e E n i n i -aq— p\ a f o ee € T - and has 

a- — sepa- E a-%e — a*4 — i ade pen de a t v^-l^e — -£e E - s -Beh--e% h e t - fa -E-p 6e ee>-^« 

w hi c h cac o said s ur face— ^E~e~aa4-y — or any par t --fche-E-e«£ 7 -ee~see4 — £e* 

o t fe«3 r — tfea-B a i ciag p urp o c ee T — s-b-a-1-l-bc ta«e4 — at -ite »al^e- f e e 

sme h ot he r pti ^peses-j a G ft e-»44«-d- b y- la -w , an d -all — «*ehiB«i-y »e-e4 

i« — »ici B^7 a-ad aii — property — a sd - s a g ia6 e-4«-pf0 v e Be e t s ■ u p e n ■ o r 

appurt eaaat to- a i aes a n d a iaiaf - da i ae wh i c h ha^e — -a — »al«e — eep 
arat e — a-ad — aVa d epea d e n t — e-£ — s<€£—- a-iraes— e-E~ a-ia-i-B^— e-l a i a c y -aa4— £h-e 
a nnu al n e t p r o c ee ds of all — a in e e a gd— a-i aia g-e-la-i-as-gh all bo tai l ed 
as— p*«-¥-i4e-< 



INTRODUCED BY: Z§Z_lb2»as_J._Ask 
^s^_Frank_Arness 



DELEGATE ERCPCSAL 
No. 73 - Collective Earga inir.g 



L75 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NO. 73 



DATE INTRODUCED: IEB. 1, 1972 



Referred tc Public Health, Welfare and 
Labcr Ccaaittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING ECR THE 
RIGHT OF PUELIC AND PRIVATE EMPLOYEES TC ENGAGE IN COLLECTIVE 
BARGAINING. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE CE 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . COLLECTIVE BARGAINING. All persons in private 

or public efflflcyaent shall have the right tc organize fcr collec- 
tive bargaining with their employers through representatives of 
their own choosing." 

INTRODUCED BY: Zs^_Geor2€_B.._H€liker 

l$l_ Daphne^ Eugtee, Z£Z_«? e .I2S 6 ._J i _Cate 

Zsz_Chet_Bla2lcck_ Zs^_Jcse£h_Hj,_McCarvel 

^s/_Paul_K Jt _Harlgw Zs^_Hiles_Fc»ne.z 

ZsZ_£race_Bates Z§Z_E£b_Ca«pbell 

Z§Z_lucile_S£eer^ ZsZ_ H .3 € ._Nan_RcbirscE 



176 



DELEGATE FFCFCSAI 
Nc. 74 - Public Schccl Fund 



MONTANA CONSTITUTIONAL CONVENTION 
197 1- 1 9^2 
EFLEGATE FFCFCSAL NC. 7a 



DATE INTFCDUCED: FEE. 1, 1S7z 



Referred to Education 
CcBuittee 



and Public Lands 



XI, 3 



A PFCPCSAL TO AMEND ARTICLE XI, SECTION 3 CF THE CONSTITUTION CF 
THE STATE CF MONTANA TC FEBMII THE FUELIC SCHCCL FOND TO EE 
INVESTEE AS PROVIDED BY LAH. 



BE IT PROPOSED EY IKE CONSTITUTIONAL CONVENTION OF THE STATE CF 

MONTANA: 



Section 1. Article XI, Section 3 of the present Constitu- 
tion is amended to read as follows: 

"Sec. 3. S«e4» The public schccl fund shall forever reaain 
inviolate, guaranteed fe y t ke-e^-a^e against less or diversion, to 
be invested?-— 6-6— £a-E— a~e— £.e&e^fe4-e-r- in publi c €-e€4»f *%4e o - « i %h i n t ho 

s tate F — i-frejr u ^i fi f s c h ool — d~i64*~i-e*-ke«4s T — ies«e4—- #e-E — *fee e r e ct ^ea 

«-•£ — ee^eei — fe-«ii4-i-B^&7- under the restrictions to be provided by 
law. " 



INTFODDCED EY: Z§Z_fia21_Ccncver 
Zs^_John_H-t_Leuthcld 



/§/ Marjorie Cain 



EFLEGATF FECFCSAL 
No. 75 - Enirect Detain 



177 



MONTANA CONSTITUTICNAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NC. 75 



DATE INTFOIOCEE: FEB. 1, 1972 



Referred tc Bill cf Fights Ccamittee 



III, 14 



A PROPOSAL AMENEING ARTICLE III, SECTION 14 CF THE CONSTITUTION 
OF THE STATE CF MONTANA FRCVIEING COMPENSATION IN EMINENT DOMAIN 
PROCEEDINGS FOR OSE IMPAIRMENT, PROVIDING COMPENSATION TC THE 
FULL EXTENT OF LOSS, AND PROVIDING JUDICIAL DETERMINATION CF THE 
ISSUES CF NECESSITY ANE PUBLIC USE. 



BE IT PROPOSED BY THE CCNSTITUTICNAI CONVENTION OF THE STATE CF 
MCKTANA: 



Section 1. Article III, Section 14 cf the present Constitu- 
tion is aaiended tc read as follows: 

"Secticr 14. EPINENT DOMAIN.: Private property shall net be 

taken x -s-e damaged x 2ii_ii3ililslllsiss£_ill3il€d, for public use 
without the_Erior_£ayj»ent of just conpensaticn havi n g firct b ee n 

a a do to or paid~ int G~6e a s4 — £ftg~ fefee - own e t tc thefull extent of 

the loss . l£i£I_t o_t he_co ndea na t icn_o f_ a n j_ s u c h_l a n d^_ t he_i nd i r 

IiIs3l_sEillZhaiIIIIII_£iIbi_toII_3Ddicial determination as to 



INTRODUCED BY: Zs/_Bob_Caf£bell 

/s^_Marshall_Murrajf 

/s^_Georae_H._Jaaes 



/^£^_Georae_B^_Heliker 
^s/_L2le_R._Mcnrce 



178 



No. 



DELEGATE PBCPCSAL 

76 - Public Utilities 



KCNTANA CONSTITUTIONAL CONVENTION 
1971-1972 
CELEGA1E PROPOSAL NO. 76 



CA1E INTRODUCED: EEB. 1, 1S72 



Referred tc Public 
Labcr Committee 



Health, Welfare and 



A PROPOSAL 
REGULATICN 



FOR A NEW 
OF PCELIC 



CONSTITUTIONAL 
UTILITIES. 



ARTICLE PROVIDING FOR THE 



BE IT 
KCNTANA 



PROPOSED EY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 



Section 1. There shall 
provide as follows: 



be a new Constitutional Article to 



"ARTICLE 



REGULATICN OF PUELIC UTILITIES 

Section 1. A public utilities coniissicner shall te 
appointed by the Governor and confirmed by the senate after 
public hearings. A vacancy shall be filled in the sane Banner. 
The commissioner shall serve at the pleasure of the Governor. 



and 

f err 

are 

defi 

pcwe 

tari 

the 

theo 

tari 

cred 

seep 

of r 



Sect 
such 

ed up 
coqn 

ned b 

rs, 

ffs o 

CCKffli 

ries , 
ffs; 
ibili 
e of 
ecord 



ion 2 . 
legi 
en hi hi 
ate an 
y law 
one c 
f the 
ssione 

evide 

and 
ty of 
review 

shall 



Th 
slat 

by 
d ge 
and 
f w 
util 
r sh 
nee, 
the 
any 

, if 

be 



e co 
ive, 

the 

rman 

this 

hich 

itie 

all 

or 

com 
evid 

any 
prov 



mm is 

exe 

legi 

e to 

con 

sh 

s ov 

not 

aeth 

miss 

ence 

, of 

ided 



sicner 

cutive 

slatur 

the r 

stitut 

all b 

er whi 

be reg 

eds f o 

ioner 

that 

the c 

by la 



sha 
atd 
e an 
egul 
ict. 
e th 
cb h 
uire 
r d 
sha 
is i 
cmnsi 
w. 



11 

jud 
d th 
at ic 

Id 
e de 
e ma 
d tc 
eter 
11 

ntro 
ssio 



have 

icial 
is cc 
n of p 

the 
ter nic 
y be g 

consi 
mining 
detern 
duced. 
ner's 



such 

power 

nstit 

ublic 

exerc 

aticn 

iven 

der a 

sue 
ine t 

The 
actio 



Dun 
s as 
ution 

util 
ise 

of r 
juris 
ny pa 



h 
he 

i 
r:s 



ra 

ye 

lan 

in 



sdicticn 
are con- 
, which 
ities as 
of such 
ates and 
diction, 
rticular 
tes and 
ight and 
ner and 
a court 



Section 3. In the determination of rates and tariffs the 
commissioner shall be provided with expert staff personnel and 
help in such determination, and recommendations of the staff 
shall te regarded as impartial as opposed to the partiality of 



DELEGATE FECPCSflL 
No. 76 - Public Utilities 



179 



the applicant cr the protestant. The cci aissicner shall protect 
the rights and interests of all consuaers cf public utility 
services . 

Section 4. Private ccrpcraticns and persons that cwn, oper- 
ate, control cr manage a line, plant, or system for the trans- 
portation of people cr property, the transaission of aessages cr 
the furnishing of heat, light, water, pcwer, cr storage directly 
or indirectly tc or for the public and cciicc carriers arc public 
utilities. The legislature Bay prescribe that additicral classes 
of private corporations or persons are public utilities. 

Section 5. No power to regulate any public utility in 
respect of rates, tariffs, service, finance, or any ether aspect 
whatsoever of the aanageaent and operation of such enterprises as 
may be necessary or ancillary to the regulation of rates and 
tariffs thereof, shall be conferred en any ether official cr 
agency. 

Section 6. The legislature shall prcvide by law for the 
organization and financing of public corporations for the fur- 
nishing of heat, light, water, and power; and, in the discretion 
of the legislature, any other services or ccasodities ccaacrly 
produced or sold by the public utilities as defined by law or 
this censtituticn. 

Section 7. Eublic utilities organized as public ccrpcra- 
tions or as cooperatives shall net be subject to the regulation 
of the ccEfflissicner as to rates, service or otherwise." 

INTRODUCED BY: Zs/_Georae_Ej^Reliker 

Z§Z_Chet_Elaxlcck ZS2_l2le_B i _Honr.oe 

Z§Z_L§§lie_Eskildsen_ Z.§Z_Li5XiL_ilIflaiJ 

^s^_Henr^_Siderius ZsZ_I!ii§§_I°"2£2 

^s^_Paul_K t _Harlcw ZiZ_i2t6rt_Lee_Kelleher 

/§Z. jg £gge^ jy. Cate 



DELEGATE EBCECSAL 
180 No. 77 - Executive Article 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE EECECSAL NC. 22 

DATE INTRODUCED: EEB. 1, 1972 

deferred tc Executive Committee 



A PROPOSAL FOR A NEK CONSTITUT ION AL ABTICLE CREATING TEE EXECU- 
TIVE EFANCH CE GOVERNMENT. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Ccnstitut icnal Article tc 
provide as fellows: 

"ARTICLE 

THE EXECUTIVE 

Section 1. The executive power of the state shall be vested 
in a Governor. 

The Governor shall te elected by the qualified vcters cf 
this state at a general election. The perscn receiving the high- 
est number of vctes shall be the Governor. In case cf a tie vote, 
the selection of the Governor shall be determined in accordance 
with law. 

The term cf cffice cf the Governor shall begin at nccn on 
the first Monday in December next following his election and end 
at neon on the first Monday in December, four years thereafter. 

No person shall be eligible for the cffice cf Governor 

unless he shall be a qualified voter, have attained the age cf 

thirty years, and have teen a resident cf this state for five 
years immediately preceding his election. 

The Governor shall net held any ether office of eiplcyaent 
or profit under the state or the Urited States during his tern of 
office. 

Section 2. There shall be a lieutenant Governor, wfcc shall 
have the same qualifications as the Governor. He shall be elected 



Kc. 



EELEGATE EFCFCSAI 
77 - Executive Article 



l.M 




Section 3. The lieutenant Gcverncr shall be president of 
the senate, but shall vote only when the senate is equally 
divided. In case cf the absence or disqualification of the lieu- 
tenant Governor, the president pro tempore of the senate shall 
perform the duties of the lieutenant Gcverncr until the vacancy 
is filled cr the disability removed. 

Section a. The compensation cf the Governor and the lieu- 
tenant Governor shall be prescribed by law and shall net be 
increased cr diminished durinq a single term cf office. 

Section 5. In the event cf the Governor's death, resigna- 
tion cr permanent removal frci office, the effice cf Governor is 
vacant, and the lieutenant Governor shall succeed tc the office 
of Governor for the remainder of the term, whereupon the office 
of lieutenant Governor is vacant. 



When a vacancy occurs in the effice cf lieutenant Gcverncr, 
the Governor shall nominate a lieutenant Governor whe shall take 
office upen confirmation by the affirmative vote cf a najcrity 
of all members cf the legislative assembly in joint session. 



Gc ve 

conv 

the 

of a 

pers 

then 

Gove 

of 

sess 

unti 



If vaca 
rncr exis 
ene forth 

remainde 
11 member 
en so c 

nominate 
rncr, upc 
all mernb 
ion. The 
1 the new 



ncie 
t at 
with 
r o 
s cf 
hose 
a p 
n cc 
ers 
spea 
ly e 



s 1 
the 

, an 
f th 

the 
n a 
erso 
nf ir 

cf 
Iter 
lect 



n t 

sam 

d th 

e te 

leg 

s Go 

n tc 

ati 

the 

of t 

ed G 



he 

e ti 
e of 
rm b 
isla 
vern 
sue 
en b 
le 
he h 
over 



cf f i 

me, 

f ice 

y th 

tive 

or b 

ceed 

y th 

gisl 

cuse 

ncr 



ces cf Gcverrcr and lieutenant 
the legislative assesbly shall 

cf Gcverncr shall be filled for 
e affirmative vote cf a tajcrity 

assembly in jcint sessicn. The 
y the legislative assembly shall 

tc the effice of lieutenant 
e affirmative vote cf a majority 
ative assembly ir the same jcint 

shall serve as acting Gcverncr 
has qualified. 



When 
Governor, 
office of 
Governor, 
office of 



the lieutenant Governor succeeds tc the effice of 
he shall have the title, powers, and duties cf the 
Governor; when the lieutenant Gcverncr serves as acting 

he shall exercise only the powers and duties of the 
Gover ccr . 



Whenever the Gcverncr transmits to the supreme court his 
written declaration that he is unable tc perform the powers and 
duties of his effice, acd until he transmits tc the supreme court 
a written declaration that he is able to resume the powers and 



182 



DELEGATE EFCFCSAL 
No. 77 - Executive Article 



duties of his office, such powers and duties shall be performed 
by the lieutenant Governor as acting Governor. 

The legislative assembly, ty the affirmative vote of 
three— fifths of all its members in joint session, may adopt a 
resolution directing the supreme court to determine whether the 
Governor is unable by reason of physical or mental disability to 
perform the powers and duties of his office. If the supreme court 
determines by majority vote that the Governor is unable by reason 
of physical cr mental disability tc perform the powers and duties 
of his office, the lieutenant Governor shall serve as acting 
Governor; provided, that an advisory board ccupcsed by psychia- 
trists and physicians may be appointed by the supreme ccurt tc 
aid them in their determinatiOH. 

Thereafter, when the Governor transmits tc the supreme court 
his written declaration that no disability exists, he shall 
resume the pcwers and duties of his office unless the legislative 
as.sembly by three-fifths vote of all its members in joint session 
within four days challenges the ability of the Governor to resume 
the powers and duties of his office. Thereupon the supreme ccurt 
shall 'decide the issue within twenty— cne days. 

If, the Governor-elect is disgualif ied, resigns, or dies, the 
lieutenant Governor-elect shall become Governor fcr the full 
term. .IfSthe Governor-elect fails tc assume office for any other 
rea-scn, the lieutenant Governor— elect shall beccme lieutenant 
Governor and shall serve as acting Governor until the Gcverncr- 
elect assumes office. The procedure for determination of the 
physical cr mental disability, and of termination cf the disabil- 
ity, of the Governor-elect shall be the same as that prescribed 
for^ determination of the physical or mental disability cf the 
Goverfror. 

In" the event cf the impeachment of the Gcverccr or the lieu- 
tenant Governor, he shall net exercise the pcwers of his office 
until acquitted. 

Section 6. The Governor shall be the commander-in-chief cf 
the military forces of the state, except when these forces are in 
the actual service cf the United States, and shall have pewer to 
call out any part of the whole of said forces tc aid in the 
execution of the laws, to suppress insurrection or repel inva- 
sion. 

Section 7. The Governor may proclaim martial law when the 
public safety requires it in case cf rebellion cr actual cr immi- 
nent invasion. Hartial law shall not continue for longer than 
twenty days without the approval cf a majority cf the members of 
the legislature in joint session. 

Section 8. All executive and administrative offices, agen- 
cies and instrumentalities of the executive branch of the state 



DELEGATE EFCPCSAL 
No. 77 - Executive Article 



government and their respective functions, powers and duties, 
shall be allocated by law among and within net itcre than twenty 
principal departments. The head of each principal departaeDt 
shall be a single executive unless otherwise provided ty law. The 
Governor with the consent of the senate shall appoint and remove 
the heads of all administrative departments. All ether officers 
in the administrative service shall be appointed and Bay be 
removed as provided by law. 

Each principal department shall be under the supervision of 
the Governor and its head shall serve at the pleasure of the 
Governor. If during a recess of the senate a vacancy occurs in 
any such office, the Governor shall appoint seme fit person to 
discharge the duties thereof until the next meeting cf the 
senate, when he shall nominate seme person tc fill such office. 
Only the Governor shall make mteriir appci ctments. 

Section 9. The Governor may make changes in the organiza- 
tion cf the executive branch or in the 



y day: 
ui a full session if cf shorter duration, to 
express its disapproval. Onless modified or disapproved by reso- 
lution concurred in by a majority cf the members cf both houses, 
the orders shall become effective at a date thereafter tc be 
designated by the Governor. 

Section 10. The Governor shall have the power to grant 
reprieves, commutations and pardons after conviction and may sus- 
pend and remit fines and forfeitures subject to such procedures 
as may be prescribed by law. 

Section 11. The Governor shall at the beginning cf each 
legislative session, and may at ether times, give the legislature 
information and recommend measures he considers necessary. The 
Governor shall submit to the legislature at a time fixed by law a 
budget for the ensuing fiscal period setting forth in detail, fcr 
all operating funds, the prepesed expenditures and estimated 
revenue cf the state. 

Section 12. Whenever the Governor considers it in the 
public interest, he may convene the legislature, either house, or 
the two houses in joint session. At the written request cf two- 
thirds of the members tc which each house is entitled, the pre- 
siding officers cf both houses shall convene the legislature in 
special session. 

Section 13. Every bill passed by the legislative assembly, 
except bills proposing amendments tc the Hcntana Constitution and 
bills ratifying proposed amendments tc the United States Con- 
stitution which may not be vetoed by the Governor, shall, before 



184 



No. 



DELEGATE PBCPCSAL 

77 - Executive Article 



it beccites a law, be presented tc the Governor. He shall either 
sign it, whereupon it shall become a law, or he shall return it 
with his objections to the house in which it originated, which 
house shall enter the objections at large upon its journal and 
proceed tc reconsider the bill. If two-thirds of the members 
present agree tc repass the sane, it shall be sent, together with 
the objections, to the ether house, by which it shall likewise be 
reconsidered, and if repassed by two-thirds of the members 
present in that house it shall become a law notwithstanding the 
objections of the Gcvernor. If any till shall net be returned by 
the Governor within five days (Sunday excepted) after it shall 
have been presented to bin, the same shall be a law, in like man- 
ner as if he had signed it, unless the legislative assembly shall 
by their adjournment prevent its return. Kithin twenty-five days 
after the adjournment of the legislature, the Governor shall con- 
sider all bills not disposed of prior tc adjournment, fie shall 
either sign such bills into law; or if he fails tc approve any 
bill, he shall return it with his objections tc the presiding 
official of the house ir. which it originated. The legislature, 
as provided in Section 12, may reconvene itself to reconsider any 
bills sc returned by the Governor. 

The Governor, in returning with his objections a bill for 
reconsideration, may recommend that an amendment or amendments 
specified by him be made in the bill, and in such case the legis- 
lative assembly may amend and re-enact the bill. If a till be so 
amended and re— enacted, it shall be presented again to the Gover- 
nor, but shall become a law only if he shall sign it within ten 
days after presentation; and no bill shall be returned by the 
Governor a second tiie. 

Section 11. The Governor may strike cut or reduce items in 
appropriation bills passed by the legislature and the procedure 
in such cases shall be the same as in the case cf the disapproval 
of an entire bill by the Governor." 



INTRODUCED EY: Zs^_Bichajrd_j3._Boeder 



DELEGATE FFCPOSAL 
No. 78 - Equal Employment 



185 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL 78 



DATE INTRODUCED: EIB. 2, 1972 



Referred tc Fublic Health, fcelfare and 
Labor Committee 



A PROPOSAL FOB A NEK CONSTITUTIONAL SECTICN P6CVIEING EOR EQUAL 
OPPORTUNITY FOE EMPLOYMENT. 



BE IT PROPOSE! BY THE CON STITCTICN AL CONVENTION CE THE STATE CE 
MONTANA: 



Section 1. There shall be a new Ccr.stitu ticnal Section to 
provide as fellows: 

••Section . The right of persons tc work shall net be 

denied or abridged on account of meabershif cr ncniBembership in 
any labcr unicn or labor organization. The right cf employees, 
by and through a labor organization, to bargain collectively 
shall net be denied or abridged. Public employees shall net have 
the right tc strike." 

INTRODUCED EY: /§{_£. r J. _ Studer _ Sr . 

/s/ Rachell_K. Mangfiejd ^jZ_ii_8i_K§Slieoi 

ZiZ_Ai_Ci_Wilscn /s/ Arnold M,_Jaccbser. 

^s^_Tcrrev._Jchnscn 2s/_Bcaer_A i _ Banner 



DELEGATE PFCPCSAI 
^" No. 79 - Branches cf Government 



MONTANA CONSTITUTIONAL CONVENTION 
197 1- 1«72 
DELEGATE PBOPOSAL NC. 79 

DATE INTRODUCED: FEE. 2, 1972 

Referred to Local Government Committee 
IV, 1 

A PROPOSAL AMERCING ARTICLE IV, SECTION 1, OF THE CONSTITUTION CF 
THE STATE OF MONTANA PROVIDING FOR DISTRIBUTION OF GOVERNMENTAL 
POKERS TO SUBDIVISIONS CF THE STATE. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. Article IV, Section 1 of the present Constitu- 
tion is amended to read as follows: 

"Sectior 1. The powers of the government of this state and 
its_ subdivisions are divided into three distinct departments: The 
legislative, executive, and judicial, and no person or collection 
of persons charged with the exercise cf pcwers properly belonging 
to one cf these departments shall exercise any powers properly 
belonging to either of the ethers, except as in this constitution 
expressly directed or permitted. 

INTRODUCED EI: Z§^_C a ._B i _HcN€il 



DELEGATE 
No. 8C - 



PROPOSAL 
Taxaticn 



1ST 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PRCPCSAL NC. 6C 



DATE INTRODUCED: EEB. 2, 1972 



Referred tc Revenue and Finance Committee 



XII, 1t 



A PRCFOSAL AMENDING ARTICLE XII, 1t, CF THE CONSTITUTION CI THE 
STATE OF MONTANA RELATING TC HIGHWAY PEES AND LICENSE TAXES. 



BE IT PROPOSED BY THE CONSTITUTIONAL CCNVENTION OF THE STATE CF 
PCNTANA: 



t icn 



Section 1. 
is amended 



Article XII, Section 
to read as follows: 



1b of the present Ccnstitu- 



"Secticn 1b. *e — a oHi es Moneys paid into the state treasury 
which are derived from fees, eae-ise highway cr license taxes 
relating to registration, operation cr~use cf vehicles en the 
public highways cr tc fuels used fcr the prcpulsicn of such vehi- 
cles, except fees and charges paid tc the beard cf railroad 
commissioners cf the state cf Montana and the public service 
commission cf Montana or its successor cr successors by motor 
carriers pursuant to law, shall be expended for o-t-h-e-e— fe^a-s the 
cost of administering laws under which such #««iee fcjie^s are 

derived, including th€_gp_eration_cf _the_ Hcii tana High way _Patrgl, 

statutory refunds and adjustments provided therein, payment cf 
highway obligations, cost of cccstructicn , reconstruction, 
maintenance and repair of public highways, reads, streets, and 
bridges, and exp e ns e s other_exC;enditures authcrized by the state 

legislature £«-£ relatina_to_the_£ublic_hi2hwax§-* I2Sds x streets 

and bridges^of _t he ^ state, of _Montana_and_thg_us€_ thereof^ Includ^ 

ing. the payment .to, municipalities cf funds fcr the fur£cs€| cf 

subsidizing §ass transportation and the construction acj_c£glr 

ation_of_£ublicl^_owned^ £a£iSiSa iiliA the diminution cf air 

Eollution resultipg_frCB„the^C£eration_pf_mctcr_vehicles_as well 

as_the disposal„of m abandoned motor, vehicles, the dissemination cf 

public information t e latiag — to — 4-fc-e p-a-felie — haq h w ayer — rcade, 

s4 r ee t s — and b rid ge s o f %-he— s-fe at e -e f Montan a aa q t h e n e e ^he i eei-w 
£gl^tive_to_these_£ur£Oses_and_f or_anj_o^her_£ur£cses_which_arise 
directly._f rom_the_use_of _ mot cr_ vehicles_i n_the_state_of Icntana, 



188 



EELEGA1E PBOPCSAL 
No. 8C - Taxation 



21l§_I§2is2SiiJI§_sti§ll_enact_suitable_laws_tc_£rc vide_f or_tfce 
im£lementaticn_of _this_section i " 



IN1BCC0CED EY: l§l_lccle 

^s/_Katie_Pa^ne 

/s^_E_._A i _Scanlin 

i /s^_John_M i _Schiltz 
Z§Z_I:JIcile_S£eer 



^s/_Arljjne_Reich€rt__ 
^£/_Hae_Kan_Fotinson_ 
/s/ J. C. Garlinqtcr 



DELEGATE PECFCSAL 
No. 81 - Freedci cf Religion 






MONTANA CONSTITUTIONAL CONVENTION 
1971-1S12 
DELEGATE FKCFOSAL NC. 81 



DATE INTRODUCED: EEE. 2, 1972 



Referred to Bill of Fights Ccnsittee 



A PROPOSAL FCE A NEW CONSTITUTIONAL SECTION FECVIDING FCE RELI- 
GIOUS LIEERTY AND REPEALING ABTICLE III, SECTION U, ARTICLE V, 
SECTION 35 AND ARTICLE XI, SECTION 6 CF THE PRESENT CONSTITUTION. 



BE IT PROPOSED BY THE CONSTITCTICNAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section tc 
provide as follows: 

"Section . The legislature shall lake no law respecting 

an establishsaent~of religion cr prohibiting the free exercise 
thereof. " 

Section 2. Article V, Section 35 of the present Constitu- 
tion, which reads as follows, is repealed: 

M fe ee. — 35 r Ho a p pr op riati o n shall — fee — *a-d-e — £e* — charitafelc F 
t ndustrialy ed ucati o na l — e-e — ben e v o lent — pmsf e eoc to a B y - person, 

a-eee^ iati o n» " 

Section 3. Article XI, Section 8 of the present Constitu- 
tion, which reads as follows, is repealed: 

e^t e* — other — pa feli e — eorpor ation e y 

4* CGtly, any appr e-p*^ 
i s e ye what e v e r y -eE-«a-K"e-a«y—^ 
t« y - ehm ee^h? — et— f o r « 
i*B — purpooQf — e-e — ^e — a id in th e cu p po rt ei- a *-y- sch oo i r -ac ade « y, 

t ati e B whatewer » B 
Section 4. Article III, Section <4 of the present Ccnstitu- 




f ro B — a-a-y — p ublic — 4 



190 



EELIGATE PROPOSAL 
No. 81 - Freedcns cf Religicc 



tion, which reads as follows, is repealed: 

^Seer -^i — 44ve — fc-eee- — -e*e-£€ise — d*-d — e»4ey*es* — -&4 — r e ligi e-we 

prof eesicn -afid--HQre-h4p y — « *th ««4 d46€-f4*4*rk-fe4-e«-y — «fea44 — fo r o v e-g 

fre r ea f te-g — b y -gtia E aBteed , a n d — ae-p-eg se«-6-ka44— be— 4e-e4ed -any ci *i 4 
o r pc l 4% i G al -^4g&fc-e-E-p-E4-»44e"g<*-.e-»-ae€e-«ft4— 9#-fe4s — «^iftie>»* — c ob - 
o oep ing — ^o ligi c n T — b-»^— *4ve— 444>eE^y-e4-€-eft6€.4e-ftee— fce-Ee-fe-y — ee c ar ed 
g k all not be c e-B-6-fe-g«e4~fe-e-44e-pe-B&e— w4t-h — e*a4J*e — e>£ — a##4f aa-fcio ns y 

e-Ke-a^e — ae>4~6 e4 — li 6 € Bt4 eq6n €S 6 7 — -fey-^ga-BOtte-eg— E-elygaaene a at 

ri a gc y ■€! ■ o - % -ft«-g-*ir6e T ~ »c— g-a€44#-y— p-ga ct ie ee 4«€e-B-e4s4'efl4 — *i^b — -%-&e 

ge-64 — ■C E de s ? pe-a«-e T — e>* — e-a-te^-y — «4-%*-e— e-fe^*e T -«f— e-^f««e>4— %e>— %fc« 

eivil a u4ko rit -y-%-tHe-Ee-e4 T — fc£-o £ - t he— »s4%<?4-S4a%e-€-T— K«-f>-eE se«- eh a ll 
■b-e-^e-g-a-Jb-Eed— »o— a44«-B d an -y- pi a c e e4— wo£s-b4f-€^e— €*^6-e»— a-B? — »i«ie- 
-fe-E-y-y — r e ligiea e — see*-, — ef d o p oa in a4 i o n -|— ag^4-R6%— &4s — «««€€«%-> — &&e 
sfr a^ - l -a-By-p i -e f e-fre«ee-tee gi ? «« — fe-y-4~a* — %« — a*-y — *«44^g4-e«€ — de a ea4- 

r\ -^ 4- •% y> r\ /I «- m/\n/\ ^% £ — Uj 



INTRODUCED BY: ZsZ-Ean-HaSlisatoS 
Zs/, Peter .."Pete'J Lorello 

/s i /_Jcse£h_H i _KcCarv€l 

Z§^_Hs._IXIi£_S£a.rks 

Z§Z_Ii2iii!_VaD_Ecskirk 

^s/_Mike_McKeon 



Z§Z_lilcf l£_Ii_«3Sj[C€ 

^s/_Gene_Harbaa2h 

/s/_ E auric s _ Erisccl 1^ 
^s^_Verccica_Sullivan_ 
1 s /.. XY^g_ga„gQS^og 



EELEGATE PROPOSAL 

No. 82 - Elections 



191 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE PROPOSAL NO. 82 



DATE INTRODUCED: FEB. 2, 1972 



Referred to General Government and Con- 
stitutional Anendaent Ccmnittee 



A PROPOSAL FOR FIVE NEW CONSTITDTICN AL SECTIONS CCKCERNING THE 
ELECTIVE PROCESS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF TBE STATE OF 

HCNTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . All elections by the people shall be by 

secret ballot." 

Section 2. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . Any citizen of the United States who is 

eighteen (18) years of age or elder, and Beets the registration 
and residence reguireaents of the state and political subdivision 
is a gualified elector, except that no person who is serving a 
sentence for a felony in a penal institution or who is judged cf 
unsound Bind by a court aay vote." 

Section 3. There shall te a new Constitutional Section to 
provide as fcllcws: 

"Section . The legislature shall prcvide by law the 

reguireBents for residency, registration, absentee voting and 
adainistration of elections." 

Section 4. There shall be a new Constitutional Section to 
provide as follows: 

"Section _. Any person gualified to vote at general elec- 
tions and for state officers in this state, is eligible to any 
public office except as otherwise provided in this constitution 
and subject to any additional gualif icatiens provided by the 



192 



EELEGME FRCFCSAl 
he. 82 - Elections 



legislature. " 

Section 5. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . In all elections held ty the people under 

this ccrstituticn, the person or persons receiving the highest 
numter of legal votes is elected." 



INTFGEOCEE EY: Zs^_Bruce_H^_Ercw n 



DELEGATE PROPOSAL 
No. 83 - Historic Sites l93 



HONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE FECPCSAL NO. 83 



DATE INTRODUCED: EEB. 2, 1972 



Referred tc Natural Resources aEd Agri- 
culture CcBsittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING EOR ACQUI- 
SITION OF HISTORIC SITES. 



BE IT PROPOSED BY THE CONSTITUTION AL CONVENTION OF THE STATE OF 
HONTANA: 



Section 1. There shall be a new Constitutional Section tc 
provide as follows: 

"Section . The legislature shall provide for the acqui- 
sition of scenic, historic, archeologic, scientific cr recrea- 
tional areas, sites or objects. The legislature «ay reserve such 
frcffl the public dcaain and provide for their administration and 
preservation for the use, enjcyaent and welfare of the people." 

INTRODUCED EY: ZsZ_A£nold_H i _JaccbseE 

^s/_Harian_S i _Erdj|ann ZlZ_£f2£3£_I^_^3Sf § 

/s/ Richard , ji.Chaif cux ^s/^Bargaret m S t .Warden 

Z§Z_£het_Blajlcck / s/ Kade J. Dahood 

/s/_ John.H. ..TocjL.e /g/.£yleR.Honrge 

Z§Z_£i_*i._Scanlin 2§Z_lassell_C i _HcDoncu3h_ 

Z§Z_li_Qi_iliiscn Z§Z_ix_Ii_iiaBhoot 

/s/ Lyman W. Choate Z§Z_l!§SII_Siderius 

^s^_R i _S i _Hacscn_. ZsZ_Uili_IlS_Euskirk 

Z§Z_l2£iSl_J£ll£loil Zs/_S£erling_Rjra2 



194 



DELEGATE EECFCSAL 
No. 83 - Historic Sites 



Z§Z_J3ffies_R_._Felt 

^s^_C i _E A _ McNeil 

ZsZ_Car.san_Skari 

Z§Z_^i_Ii£Il_S£arks 

^s^_Lucile_Sj:eer 

^/s/_Mae_Nan_Eotinscn_ 



^s^_Cedcr_E i _Arcncjj 

Z§Z_;2i_33scn_Mel»in 

^s^_Rctert_F i _Woodgansei_ 
/s^_Vercnica_Sullivar 

z§z_i£iifis_lf isksii 

/s^_NC€l_C i _Furlora 



DELEGATE PBCPCSAL 
No. 8*4 - State Eoundaries 



19f, 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1 S72 

DELEGATE FFCPGSAL NO. 84 



DATE INTRODUCED: FEE. 2, 1972 



Referred to General Government and Con- 
stitutional Asendaent Ccauittee 



I, 1 



A PEOFOSAL REPEALING ARTICLE I, SECTION 1 OF TKE CONSTITUTION OF 
THE STATE OF MONTANA. 



BE IT PROPOSED EY THE CCNSTITUf IONAI CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article I, Section 1 of the cresent Constitu- 
tion, which reads as follows, is repealed: 

a~e — foll o w s , — t e- wit i — B egiHBing -a t -a-pci nt fe*«e d b y th e int e rc ec 
ton with th e forty fifth de g r ee-e-i — g etth latitude-, — 4 b o c co -due 

e £ - l o ng itud O f te a po int forn e d — J*y — i%« — i n t e re eo ti ee — wi*h — %fee 
oreot — e-f — the B e ehy a e uptaia e f thepo e- f o il ew i pg - the or c Gt o f th e 

Root — ■onntaine j t h e a e e — a e rthwaE - d - al e pg - th e cr es t - o f - th e - B itt e E 

B e e t l ountaiBe, — to ito intoroo o ti o n with th o— t^-ii 

e4 — longitwdc we s t - f coi w aohington t th e n ce al o ng th o t h ie 4 

de g g ee- of longitud e a o rthwar d t o th e fe o a a daEy - liB e o f th e 

oouth wa Ed alon g- the twenty co ?onth degse e &£ — l ea g i t B&e — *« — t*e 

place o f b o gi n nin gw" 



INTRODUCED Elf: ZlZ-SESeS^i.Brcwn 



EELEGATE ERCECSAL 
196 Nc. 85 - University Systeir 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1 S 72 
DELEGATE ERCECSAL NC. 85 



DATE INTRODUCED: FEE. 2, 1972 



Referred tc Education and Public Lands 
Ccunittee 



A FROPOSAL FOB A NEW CONSTITUTIONAL ARTICLE FECVIEING FOR THE 
MONTANA UNIVERSITY SYSTEM. 



BE IT FROPCSEE BY THE CONSTITUTIONAL CONVENTION OF TBE STATE OF 

MONTANA: 



Section 1. There shall be a new Ccrstit aticnal Article to 
provide as fellows: 

"ARTICLE 

MONTANA UNIVERSITY SYSTEM 

Section 1. MONTANA UNIVERSITY SYSTEM DEFINED: EOEIES 
CORPORATE. The Montana University System shall consist cf the 
following units: University cf Mcntana at Missoula, Montana 
State University at Bozeman, Montana College cf Mineral Science 
and Technology at Butte, western Mcntana College at Ciller, East- 
ern Montana College at Billings, and Northern Montana College at 
Havre. Each unit shall be a body corporate. 

Section 2. BOARD CE REGENTS CF HIGHER EDUCATION. There 
shall be a Ecard of Regents cf Higher Education, a body corpo- 
rate, which shall have exclusive management and ccntrcl cf the 
Montana University System and of all ether public institutions cf 
post-secondary education. 

Section 3. COMPOSITION CF ECABE. The Ecard cf Regents cf 
Higher Education shall consist cf eight (8) meibers to be 
appointed by the Governor, froa the qualified electorate, subject 
tc the confirmation of the senate, under regulations to be pro- 
vided by law. The Eoard shall appoint an executive secretary and 
fix his term of office and prescribe his duties. 

Section 4. SUPPORT OF HIGHER EDUCATION: CCNTRCL CF FUNDS. 
The legislature shall make appropriations for the support cf the 



No. 



DELEGATE PFCPCSAL 
15 - University Systen 



197 



institutions of higher education. The direction ar.d ccrticl ever 
the funds of, and appropriations to, the several institutions 
shall be vested in the Board of Regents of Higher Education. " 



INTFCEOCED EY 



^s J /_Gecr9e_j» i _Rcllins 



198 



DELEGATE EBCECSAL 
No. 86 - Preamble 



MONTANA CONSTITUTIONAL CCfiVEMICN 
1S71-1S72 
EELEGATE FECECSAL NO. 86 



DATE INTFODUCEE: FEE. 2, 1972 



Beferred tc Bill of Eights Ccaaittee 



A PBCFCSAL BEEEALING TRE FBEAKELE OF TRE CONSTITUTION CF THE 
STATE CF MONTANA ANE AEEING A NEW PEEAHBIE. 



BE IT FBOPCSED BY TEE CONSTITUTIONAL CONVENTION OF TEE STATE CF 

BCNTANA: 



Section 1. The Preamble cf the present Constitution, which 
reads as fellows, is repealed: 

tt^e-y-^fe^-feog l e-o f Ho ntaBa f g -ea tcf a l - -t«-A 
fe i eee i fl s« — &4 — 4 i fee rty T — -i* — o r d er — t-e 
G tat c g e ?ec B«»»tT- do r iE a cc o rd a nc e w ith t he — p r o vie 
e-fta-fe-^ a g aet - e t - c o a g r e€6 y ■ app t o v 
A» B» 4&&9 y ~e-g4 ai a a-ad oe ta b lieh 





lows : 



Section 2. There shall be a new Preaable tc provide as fcl- 



"«e, the people cf the state cf ncntana, recognise the 
rights and duties of this state as a part cf the federal systea 
of governaent and reaffirm oar adherence to the Constitution of 
the Onited States of Aaeiica; and in crder to assure tc ourselves 
governaental power to act for the geed crder cf out society and 
the liberty, health, safety, and welfare cf cur people, and the 
preservation and utilization cf our resources, dc ordain and 
establish this constitution." 



INTBODUCED EY: /s^_ George_« li _Bcllins 



DELEGATE ERCFCSJL 
No. 87 - Right cl Children 



199 



MONTANA CONSTITUTIONAL CONVENTION 
1S71-1S72 
DELEGATE EECECSSL NO. 87 

DATE INTEODOCED: FEB. 2, 1972 

Referred tc Bill of Eights Ccmsittee 

A PROPOSAL FOF A NEW CONSTITUTIONAL SECTION PROVIDING FOR BIGHTS 
OF THOSE UNDER THE AGE OF MAJORITY. 



BE IT PROPOSED EY THE CONST ITUTICKAI CONVENTION OF IRE STATE OF 
MONTANA: 



Section 1. There shall be a new Ccrstit oticnal Section to 
provide as fcllc*s: 

"Section . PERSONS DNEFR AGE OE HAJCRITT. The rights cf 

persons under the age of sajcrity shall irclcde, but net be 
liaited tc, all the rights of a Montana person." 



INTRODUCED BY: /s^ Penal d_ E. ^ Fester 
/s/_ Caraan.Skari 



DELEGATE PFCFCSAL 
200 No. 88 - Individual Rights 



KCNTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE PBOPCSAI NC. 88 

DATE INTRODUCED: FEE. 2, 1972 

Referred tc Bill cf Rights Committee 
III, 18 

A PSOPOSAL AMENDING ARTICLE III, Section 18 CF THE CCKSTITUTICN 
OF THE STATE OE MONTANA CCNCEENING SELF-INCRIMINATION. 



BE IT PROPOSED BY TBE CCNSTITDTICNAL CONVENTION OF THE STATE CF 

MONTANA: 



Section 1. Article III, Section 16 of the present Constitu- 
tion is amended to read as follows: 

"Sec. 18. No person shall be compelled tc testify or.f ur- 
nish_evidence_of_any._nature against himself, in a criminal F^c— 
ceeding, nor shall any person be twice pat in jeopardy for the 
same offense." 



INTRODUCED El: Z§Z_J§£2IS_ Jx-St^e 



DELEGATE FRCPCSAL 
No. 89 - County Boundaries, Stats 



201 



HCNTANA CONSTITUTIONAL CCNVENT1CN 
1971-1912 
DELEGATE PRCPCSAI NC. 89 



DATE INTFODUCEE: EEE. 2, 1972 



Referred tc Lccal Government Ccomittee 



XVI, Sections 1, 2, 8. 



A PROPOSAL REPEALING ARTICLE XVI, SECTIONS 1, 2 AND 8 CE THE CON- 
STITUTION OF IHE STATE CE MCNTAKA AND COMBINING THE INTENT OF 
THOSE SECTIONS IN A NEW SECTION ON COUNTY BOUNDARIES AND CCUNTY 
SEATS. 



BE IT FROFCSEL EY TEE CCNSTITUTIC NAI CONVENTION OE THE STATE CE 
HCNTANA: 



Section 1. Article XVI, Sections 1, 2 and 8 of the present 
Constitution, which read as follows, are repealed: 

»*&e«%-i~e*~ *-r — 3he co n cea l co untic e o f — the - t eg Eltory e-f- — »**- 

taBa T a« t he y — e-b-a-H — ea ie t-at- t he — ti «e — &e" — %4-e ad«ig6i ««-ef -the 

s t a t e 4ate- t fae-«n i€ n j ar o h ereby d ec lar ed to fc c-4-be — ccusti cc — e-f- 
%he s t a t e ■ uat i l-e-t-b-e-E-Bi.se -e etabl -is b e d € t ch an g ed b y la t»," 

"Se6tt 9B-2 t — Th e l egislati v e ae e eifel -y— e-kal-1-faaye-ae-pe wet -t-e 
E eae v e — th o c o anty — co at o f aay - e ettfl-t-y-r- bHt ■■ t he -€ a i€ shall — fee—- pro- 
vid e d f o r by ge n e ral la -w-fr-a «4 -fl€ GG ^ft- t -y — eea-t — shall: — fee — r e ae ve e 

»*i«S€ a Majority of th o quali -il-e^l-e l ee t e r s -e f th o o o m )4fr-at-8 

g e n e ra l — el e cti on— e-B-a— -prepoe it -l«-B — -te E-e*-e-»-e — the — ee»«*y^ — se at -y 

sha l l — vct e th e r o ior -; — b-B-t- a o saeh— p E epes-i felea s h all be — eubaitt e d 

e £ t e« €£ - thaB — o B€ e-4»-#e-<H=~ y e aie » M 

>— ee*i-B-e-y — e-s € e« B t4ee-4a-e*4e t €-s e e-«-B — -the — fir s t 

?— fee— cre ated e r e stafel 4-e-be«' — th ereun d e E — &*eall 
»e-t — fee — aban do n o d y ab o l 4ehe4— -a nd/ G^ — coneol ida ted o itimr in wh o l e 
e-E— 4a— paft- er— a%-a-il- w4th ai iy ct h e t G O «nt -y-er— ee4»«-t-* € 6' e*e e-g-t — fe-y 
a — Ba jo rity — ve-te — &4 — ^he- d«ly q ualifi e d o l o otcr s iB -e-a-eh-ee-aat-y 

p r o p e s ed-t-e—fee-afeaaae B o d, a bo l* e h ed-aa-a>og-eeae«-14-<la-*ea ■ w it h »*y 

o th er — co-t^B-t y o r countie c -eip re s e ed- at - a -ge-se^al o r epe ci a l -<g-le«- 
%4-»a-hel4-g»4«r~tbe- l awc of ca id s t a t es" 

Section 2. There shall be a new Constitutional Section tc 




202 



EELEGATE PFCPCSAI 
No. 69 - County Ecurdaries, Seat: 



provide as fellows: 

"Section . COUNTIES. The counties of the state of Mon- 
tana, as they exist at the tirce of the adoption of this Constitu- 
tion, are declared to be the counties of the state. No county 
boundary shall be changed or county seat transferred until 
approved by a majority of the qualified electors cf each ccunty 
affected." 



INTECLUCED EY: Z§Z_Cscar_L i _Ander sen 

Z§^_Fred_J i _Kartin 

/s^_Ieslie_Esk_ildsen 
/s/_Cedor_B i _Aronow_ 

/-/_ Bed Hansen 

^s/_Een_E.._Eerc| 



^s^_Virgipia. E. Plend 

Z£/ T Clark_E a _Siaon 

/£/ „ J« . gason_ Belyin_ 



DELEGATE ESCFCSAL 
Nc. 90 - Judges 



203 



HCN1ANA CONS1IT0TICKAL CONVENTION 
1971-1972 
DELEGATE ERCECSAL NC. 90 

DATE INTRODUCED: FEB. 2, 1972 

Referred to Judiciary Committee 



A PROPOSAL JOB A NEW CONSTITUTIONAL SEC1ICN FEBMITTING THE LEGIS- 
LATDBE TC PBCVTEE FOR DISQUALIFICATION Cf JUDGES. 



EE IT FBOPCSEE 21 THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
HCNTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellers: 

"Section . The legislature nay provide for disqualifica- 
tion of judges at any one or all cf the inferior, trial and 
appellate cccrt levels." 



INTRODUCED BY: Z§^_Geof f re^U^Er azier 



204 



DELEGATE EBCPCSAL 
No. 91 - Equal Education 



WON1ANA CONSTITUTICNAI CONVENTION 
197 1-1972 
DELEGATE EFCECSAL NO. 91 



DATE INTFODUCEE 



FEB. 2, 1972 



Referred to Education and Public Lands 
CciTBittee 



A PEOPOSflL FOB A NEfc CONSTITUTIONAL SECTION PECVIDING EQDAL 
EDUCATIONAL CPPOBTUNITY FOB ALL STUDENTS. 



BE IT PBCPOSID EY TEE CONSTITUTIONAL CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . The legislature shall establish a prograa of 

state taxation and a method of distributing funds for the support 

of free public schools to assure equal, quality educational 
opportunity for all students." 



INTBGDOCED EY: lsl_EaT^Qzie_Caia 

/§/ Chet Blaylcck 

^s/_Gene_Harbau2h 

/g/-§ecrge Jj i? ..Jaaes 

/s/ _Carl_B._r.avis 

/s/ Bruce H. Brown 
^s^_Geci_ie_Har_)er 



-'S^-Pagl-fti . H g rlo ¥ 

/s^ r Kax Copcyer 

/s/ Arlyne B eich ert 

I s^ Tor re y„ Johnson 

^_____llo^d_Barna£d 

£S£ lilliaa A, Borkhardt 



DELEGATE EFCPCSAL 
No. 92 - Judicial Article - li: * 



MONTANA CONSTITOTICNAL CONVENTION 
1971-1572 
EELEGATE FRCECSAL NC. 92 

DA1E INTRODUCED: FEB. 2, 1972 

Referred tc Judiciary Committee 

A PROPOSAL FOB A NEW CONSTITUTIC FAL ARTICLE VESTING JUDICIAL 
POWERS IN A CODRT OF APPEALS ARE INFERIOR COURTS. 



BE IT PROPOSEE BY. THE CONSTITUTIONAL CONVENTION OF TEE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Article to 
provide as follows: 

"ARTICLE 

JUDICIARY 

Section 1. COURT OF APPEALS. The judicial power of the 
state shall be vested in a Court of Appeals and in such inferior 
courts as the legislature shall establish. 

Section 2. JURISDICTION. The Court of Appeals shall exer- 
cise appellate jurisdiction throughout the state and shall have 
general supervisory powers over inferior courts. In the eiercise 
of its jurisdiction the court of appeals shall have the power tc 
make rules in civil cases relating tc procedure, subject, hew- 
ever, to provision of law. The legislature aay prescribe the Ban- 
ner in which the power of the court is tc be exercised insofar as 
necessary to insure reasonable and unifora exercise cf the rule 
making power. 

Section 3. COMPOSITION. The Court of Appeals shall consist 
of a chief judge and six associate judges, a xajority of whoa 
shall be necessary to fori a gucrua or pronounce a decision. The 
judges of the court of appeals shall be subject to the saie 
provisions of law concerning disgualif icaticn as shall the judges 
of the inferior courts, and the legislature shall provide for 
substitution in the case of incapacity, reaoval or disgualif ica- 
tion of one or lore of the judges cf the court cf appeals. 

Section U. INFEBIOB COURTS. The legislature shall establish 



206 



DELEGATE PBCPCSAL 
No. 92 - Judicial Article 



such infericr ccurts as may be necessary and shall provide fcr 
the rules cf practice, procedure, pleading, evidence, and admin- 
istration of such ccurts. 

Section 5. OPERATICK. The tenure of judges and manner cf 
their selection and judge^s pay fcr all courts shall be provided 
by the legislature, which shall divide the state into such judi- 
cial divisions, districts and departments as nay te necessary fcr 
the exercise by the inferior courts of their jurisdiction, except 
that no judge who shall te appointed to complete the unexpired 
term of any judge may thereafter be elected tc judicial office. 
The qualifications cf judges shall be such as Bay be determined 
by law, and procedures governing the removal cf judges shall be 
such as may be fixed by law. 

Section 6. IMPLEMENTATION. Each supreme court justice, 
municipal court judge, district court judge, police judge and 
justice cf the peace in office on the effective date cf this con- 
stitution shall held office until the expiration of his term, but 
new ccurts and judicial office shall be created only in accord- 
ance with this constitution. Each court into which jurisdicticn 
of other courts is transferred shall succeed to and assume juris- 
dicticn cf all causes then pending. 

Section 7. ATTORNEY GENERAL. The chief judicial official cf 
the state shall be the attorney general, who shall represent the 
state before the Ccurt of Appeals and exercise such ether powers 
and duties and be selected in such manner as the legislature may 
by law prescribe." 



INTRODUCED BY: Z§Z_l£an|SliS_i£Sf §§ 
^s^_Virg l inia_li i _Blend 



DELEGATE PROPOSAL 
No. 93 - Bill cf Fights ' 2,) ' 



MONTANA CONSTITUTICNA1 CONVENTION 
1971-1972 
DELEGATE ERCPOSAL NO. 93 

DATE INTBOEUCEE: EEB. 2, 1972 



Referred tc Pablic Health, Welfare and 

Labcr Committee 

Referred tc Bill cf Rights Committee 



III, 3, 11 



A PROPOSAL AHENEING ARTICLE III, SECTIONS 3 ANE 11 CF TBE CCN- 
STITOTIGN Of THE STATE OF HCNTANA AND ACEING A NEB SECTION TO 
THAT ARTICLE, THE EILL CF BIGHTS, TC PROVIDE FCF COLLECTIVE EAR- 
GAINING. 



BE IT PROPCSEE BY THE CONSTITDTIONA1 CCNVENTICN CF THE STATE OF 
HONTANA: 



Section 1. Article III, Section 3 cf the present Constitu- 
tion is amended to read as fellows: 

"Sec. 3. All persons are bcrn equally free, and have cer- 
tain natural, essential, and inalienable rights, among which may 
be reckoned the right cf enjoying and defendirg their lives and 
liberties, of acquiring, possessing, and protecting property, cf 

collective bargaini ng__to_achieve_a_f a ir_and_just_return_f cr_what 

t-b e y-E£9JPSfi an ^ of seeking and obtaining their safety and 
happiness in all lawful ways." 

Section 2. Article III, Section 11 cf the present Constitu- 
tion is amended to read as follows: 

"Sec. 11. No ex post facto law nor law itpairing the obli- 
gation of contracts, i£cludin2_thcse arrived at by collective 

bargaining or making any irrevocable grant of special privi- 
leges, franchises, or immunities, shall be passed by the legis- 
lative assembly." 

Section 3. There shall te a new Constitutional Section to 
provide as fellows: 

"Section _. To attain a fair and just return for what a 
person produces is a property right. Citizens have the right tc 



208 



DELEGATE EFCFCSAL 
Nc. 9J - Eill of Bights 



associate thenselves into a 
collectively-bargained contracts." 



unit 



tc 



execute 



INTRODUCED EY: /s^_Henr.y,_S ider ius 
^s^__Coucilas_Lelanei 



DELEGATE EECFCSAL 
No. 94 - Constitutional AneiidiieEt 209 



MONTANA CONSTITUTIONAL CCNVEMICN 
1971-1972 
DELEGATE EBCECSAL NC. 94 



DATE INTRODUCED: FEE. 2, 1972 



Referred tc General Government and Ccn- 
stituticnal Aaendment Committee 



A PRCFCSAL FOR EOUR NEW CONSTITUTIONAL SECTICKS ERCVIDING ECR 
CONSTITUTIONAL APEKDKENT. 



BE IT PROPOSED BY THE CONST ITUTICNAL CCNVENTICN OF THE STATE CF 
HCNTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . (1) The legislature, by an affirmative vote 

of two-thirds of all the members, lay at any time submit to the 
electors of the state the question of whether there shall be an 
unlimited convention to revise, alter, or amend this constitu- 
tion. 

(2) The people aay by initiative petition request the 
legislative assembly tc submit to the voters cf the state the 
question of whether there shall be an unliaited convention to 
revise, alter, or aaend this censtituticn. The petition Bust be 
signed by at least ten percent (1CX) cf the legal voters of the 
state, and at least ten percent (1051) of the legal voters in two- 
fifths (2/5) of the legislative districts cf the state. The 
nuaber cf votes cast for the Governor in the general election 
ioaediately preceding the filing of the petition shall deteraine 
the nuaber of legal voters. 

The petition shall be filed with the secretary cf state, who 
shall certify the filing thereof to the legislative asseably and 
cause the question to be submitted to the voters at the general 
election immediately following the legislative session receiving 
notice of the filing of said petition. 

(3) If the question of holding a convention is net other- 
wise submitted to the people at some tiae doiinq any period of 
twenty years, it shall be submitted at the general election in 
the twentieth year following the last submission cf such ques- 



DELEGATE PBCPOSAL 
210 No. 94 - Constitutional Affendmect 



tier. 

CO The legislature, frier to a popular vcte cr the holding 
of a convention, shall provide for a preparatory commission to 
assemble information on constitutional questions, to assist the 
voters, and, if a convention is authorized, to re continued fcr 
the assistance of the delegates. 

(5) If a majority of those voting en the question shall 
declare in favor of such convention, the legislative assembly 
shall at its next session provide fcr the calling thereof. The 
number of members of the convention shall be no greater than the 
largest body of the legislative assembly. The legislature may 
determine whether the delegates shall be elected after ncsicaticn 
by political parties, or on a non-partisan basis, but they shall 
be elected at the same places and in the sa»e districts as the 
legislative tody determining the number of delegates. 

(6) The legislative assembly shall in the act calling the 
convention designate the day, hour and place of its members and 
officers, and provide fcr the payment of the same, together with 
the necessary expenses of the convection. 

(7) Before proceedings, the members shall take the oath 
otherwise provided in this constitution. The qualifications cf 
members shall be the same as the highest qualifications required 
fcr membership in the legislature. Vacancies occurring shall be 
filled ic the manner provided fcr filling vacancies in the legis- 
lative assembly, or as otherwise provided by law. 

(8) The convention shall meet within three months after the 
election and prepare such revisions, alterations cr amendments to 
the constitution as may be deemed necessary which shall be sub- 
mitted tc the electors for their ratification cr rejection as a 
whole or in separate articles cr amendments as determined by the 
convention and at an election appointed by the convention for 
that purpose, or at the next general election, but not less than 
two (2) months after the adjournment thereof. Unless so submitted 
and approved by a majority cf the electors vcting therecn, no 
such revision, alteration or amendment shall take effect. 

(9) Unless otherwise provided in the amendment, it becomes 
effective on the first day cf July after the certification cf the 
election returns by the secretary of state." 

Section 2. There shall be a new Constitutional Section to 
provide as fcllcws: 

"Section . Amendments to this constitution may be pro- 
posed by any member of the legislative assembly. If adopted by an 
affirmative rcll call vcte of two-thirds (2/3) cf all the members 
thereof, whether cne cr more bodies, the proposed amendment shall 
become a part of the constitution if approved by either cf the 



No. 



DELEGATE PFCPCSAL 
94 - Constitutional Atendaect 



211 



following procedures: 



Bent 
next 
tary 
lish 
a n 
pre v 
lati 
vcti 
stit 
elec 



O) 

tc 

gen 
of 
ed i 
ewsp 
ious 
ve 

ng t 
utio 
tion 



The 
the v 

eral 

stat 
n ful 
aper 

to t 

assea 

herec 

n on 

retu 



le 
cter 
elec 
e sh 
1 in 

is 
he n 
bly. 
n, t 

th 
rns 



gisla 

s of 

tion 

all c 

at 1 

publ 

ext g 

If 

he an 

e fi 

unles 



tive 
the s 
held 
ause 
east 
ished 
enera 
app 
endue 
rst 
s the 



asse 
tate 
in t 
the 
one 
, t 
1 el 
rove 
nt s 
day 
ase 



only 

of 
he s 
amen 
news 
vice 
ecti 
d b 
hall 
of J 
ndae 



niay 
fiocta 
tate. 
dmsnt 
paper 

each 
en f o 
y a 

becc 
uly a 
nt ot 



ref e 
na t 

in 

or 

in 

ion 

C B€ 

ita j 
oe a 
fter 
herw 



r th 
c be 
such 
a ae r. 
each 
th f 
abet 
crit 
par 
cer 
ise 



e propc 
voted 
event 
doents 

county 
cr the 
s tc t 
y of th 
t cf 
tif icat 
provide 



sed aaend- 
on in the 
the secre- 
to be pub— 
in which 
two Bonths 
he legis— 
e electors 
this ccn- 
icn of the 
s; cr 



vote 
tors 
a men 
asse 
such 
this 
unle 
five 
such 
this 
shal 
its 



(2) 

, e 

cf 

dmen 

Bbly 

leg 

con 

ss 

per 

aBe 

Co 

1 nc 

appr 



If 
lect 
Kont 
t s 
. If 
isla 
stit 
a pe 
cent 
ndme 
nsti 
t be 
oval 



the 
s nc 
ana 
hall 

ado 
tive 
utic 
titi 

(55 
nt b 
tuti 
come 

by 



leg 

t to 

as p 

be 

pted 

ass 
n on 
en i 
) cf 
e re 
on 

eff 
a aa 



islativ 

refer 
rovided 
presen 
by a t 
eably , 

the fi 
s filed 
the le 
f erred 
for re 
ecti ve 
jority 



e as 
the 

in 
ted 
wo-t 
the 
rst 

wit 
gal 
to a 
fere 
unti 
cf t 



seat 
aaec 
the 
to t 
hird 
aaen 
day 
h th 
vote 
vet 
ndui 
1 th 
hose 



ly by 
daent 
preced 
he nex 
s (2/3 
daent 
cf Jul 
e Seer 
rs of 

€ Cf t 

, in w 

e Seer 

vctin 



a a 
to th 
ing s 
t sue 
) vet 
shall 
y fcl 
etary 
the 
he pe 
hich 
etary 
g the 



a jcrity 
e vote 
ubsecti 
ceeding 
e cf th 

teccae 
lewing 

cf Sta 

state 

ople as 

event t 

cf Sta 
recn. " 



roll call 
cf the elec- 
cn (1) the 

legislative 
e Beaters cf 

a part of 

its approval 

te signed by 

requesting 

provided in 
he aaendaent 
te certifies 



Section 3. There shall be a new Constitutional Section to 
provide as fcllcws: 

"Section . Should acre aaendaents than cne (1) te sut— 

Bitted at the saae election, they shall be sc prepared and 
distinguished by numbers or otherwise that each can te voted upon 
separately." 

Section 4. There shall te a new Constitutional Section to 
provide as fcllcws: 

"Section . The veto power of the Governor shall net 

extend tc proposed constitutional aierdaents." 



INTBCDDCED EI: /§^Otto_T. ^Habedank 



212 



DELEGATE FKCFCSAL 
Nc. 95 - Elections 



MONTANA CONSTITOTICNAI CONVENTION 
1971-1S72 
DELEGATE PFOPCSAI NC. 95 



DATE INTECDUCEL: BEE. 2, 1972 



Referred tc General Gcvernaent and Con- 
stitutional Anendaent CcaiBittee 



A PROPOSAL FOB A NEW CONSTITUTIONAL SECTION PROVIDING FCF CRE- 
ATION OF AUXILIARY CANVASSING ECARLS. 



BE IT PROPOSED EY THE CONSTITOTICNAI CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellers: 

"Section . AUXILIARY CANVASSING BOARES. The legislature 

shall provide "iethod by which a county say establish an auxil- 
iary canvassing board to facilitate the counting of absentee bal- 
lets en a countywide basis." 



INTRODUCED EY : ^s^_nazian_S x _Iz d§an.n 
/s/_ Virginia _H i _Blend 



^ s^_ T h o B a s _ £ .. _ As k 



DELEGATE FFCPCSAL 
No. 96 - Irrigation Water Bights - I:i 



MONTANA CONSTITUTIONAL CCNVEKTICN 
1971-1S72 
DELEGATE FRCFCSAL NO. 96 

DATE INTRODUCED: HB, 2, 1972 



Referred tc Natural Fesources and Agri- 
culture CciBittee 



A EEOFCSAL FOR A NEW CONSTITUTIONAL ARTICLE CN IRRIGATION AND 
WATER RIGHTS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF TBI STATE OF 
HCKTANA: 



Section I. There shall be a new Constitutional Article to 
provide as follows: 



"ARTICLE 

IRRIGATION AND HATER RIGHTS 

Section 1. WATER IS STATE PROPERTY. The water of all natu- 
ral streans, springs, lakes or other collections of still water, 
within the boundaries of the state, are hereby declared tc be the 
property of the state. 

Section 2. BOARD CF CONTROL. There shall te a hoard of con- 
trol, tc be coopcsed of the state engineer and superintendents of 
the water divisions; which shall, under such regulations as say 
be prescribed by law, have the supervision of the waters cf the 
state and of their appropriation, distribution and diversion, and 
of the various officers connected therewith. Decisions of the 
board shall be subject to review by the courts cf the state. 

Section 3. PRIORITY OF AFERCFEI ATION. Priority of appropri- 
ation for beneficial uses shall give the better right. No appro- 
priation shall be denied except when such denial is demanded by 
the public interests. 

Section U. WATER DIVISIONS. The legislature shall by law 
divide the state into six (6) water divisions, and provide for 
the appcintnent of superintendents thereof. 



214 



DELEGATE FFCECSAI 
Nc. 96 - Irrigation liater Rights 



Section 5. STATE ENGINEER. There shall be a state engineer 
whc shall be appointed by the Governor of the state and confirmed 
by the senate; he shall held his office for the term of six (6) 
years, or until his successor shall have teen appointed and shall 
have qualified. He shall be president of the beard of control, 
and shall have general supervision of the waters of the state and 
of the officers connected iith its distribution. Nc person shall 
be appointed to this position whc has net such theoretical knowl- 
edge and such practical experience and skill as shall fit hi» for 
the position." 



INTRGEUCEE EY: ZS^.Har ian_S ..Erdjar r 
^s^_Viilliaffl_A i _Burkhardt 

^s/_Marjorie_Cain 

^s/_Cedor_B.__Aronow 

is/ ^ Dan , Bar ring ton 

/s/ Arlyoe, Beichert 

Zsz_J5i_i2££_i2M£k.i> 



^s^_Ecd_Hanscr 

^s^_Gecrge_ Harder 

/s/ Robert Lee _ Kelleher 

^s^_Caraan_Skari 

/s^_Faul_K i _Harlc»f 

/§/ Arpcld_W x _ J§g9^? € B- 



DELEGATE PROPOSAL 
Nc. 97 - Local Gcvercient 



215 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 
DELEGATE PROPOSAL NC. 57 



DATE INTBCDDCED: EEE. 2, 1972 



Referred tc Local Government Committee 



A PBCECSAL FOR A NEW CONSTITUTIONAL ARTICIE PROVIDING FOF LOCAL 

GCVEFNHENT. 



BE IT PROPOSEE BY THE CONSTITUTIONAL CCKVENTICN OF THE STATE CE 
MONTANA: 



Section 1. There shall be a new Constitutional Article to 
provide as follows: 

"ARTICLE 

LOCAL GCVEENMENT 

Section 1. DEFINITION. As used in this Article, the term 
"local government units" shall include, but shall not be limited 
tc, counties, cities and towns. Other local government units may 
te designated by law. 

Section 2. COUNTIES. The counties of the state of Montana 
as they exist at the time of the adoption of this constitution, 
are declared to be the counties of the state. Nc county boundary 
shall be changed cr county seat transferred until approved by a 
majority of those voting on the guesticn in each coonty affected. 

Section 3. FORMS OF GOVERNMENT. The legislature shall pro- 
vide by general law for the government of counties, cities, 
towns, and other local government urits and for methods and 
procedures of incorporating, merging, consolidating, and dissolv- 
ing such units of local government and of altering their bound- 
aries, including previsions: 

(1) For such classification of units of local government as 
may be necessary on the basis of population cr or any ether 
reasonable basis related to the purpose of the classification; 

(2) For optional plans of municipal organization and 
government so as to enable a county or city tc adopt cr abandon 



DELEGATE EFCECSAL 
216 No. S7 - local GovcrnBent 



an authorized optional fcim by a majority vote cf the qualified 
voters voting therecr; 

(3) For procedures by which a county cr a city nay prepare 
an alternative plan cf municipal organization and government to 
be adopted or attended by a aajcrity vote of the gualified vcters 
of the city cr county voting therein; 

(4) Fcr procedures ty which a county, city, and town, or 
counties and cities and towns may prepare an alternative fern cf 
consolidated municipal government tc be adopted or amended by a 
majority vote cf the gualified voters cf the jurisdictions 
affected; 

(5) For procedures for initiative and referendum and 
recall. 

Provided, however, that one alternative fcra cf ccuntv 
governaent authorized by this section shall include, but not be 
United to, the election of three coaaissicners fcr overlapping 
six-year teras and the election fcr four-year terms of a county 
clerk and recorder, a sheriff, a treasurer, a county superintend- 
ent cf schools, an assessor, a county attorney and a clerk of 
district court. Two or more of such offices, except county 
attorney, may be consolidated by action cf the Board cf Ccunty 
Commissioners. Each county operating under this alternative form 
of government at the time of the adoption cf this constitution 
shall continue to operate under it until the vcters cf the ccunty 
adopt an alternative fora as provided for in this secticn cr in 
section 4. 

Secticn 4. HCHE BOLE CHABTERS. Each ccunty, city cr tewn cr 
ether political subdivision or ccabination cf counties, cities cr 
towns or other political subdivisions cf the state shall have 
power tc frame and adopt a charter for its cwn self— governaent 
within such liaits and under such procedures as Bay be prescribed 
by general law. The prescribed procedures, however, shall net 
require the approval of a charter by a legislative bedy. 

Charter previsions with respect to a political subdivision^ 
executive, legislative and administrative structure and organiza- 
tion shall be superior tc statutory previsions, subject to the 
authority cf the legislature to enact general laws allocating and 
reallocating powers and functions. 

A law may qualify as a general law even though it is 
inapplicable tc one or more counties by reason cf the provisions 
of this secticn. 

Section 5. SELF-GCVEBHMENT POHEBS. Local government units 
adopting charters under the provisions cf section 4 aay exercise 
all legislative powers not prohibited by this Constitution, by 
law or by charter. 



NO. 



DELEGATE PROPOSAL 

97 - local Government 



217 



Section 6. VOTEF FEVIEfc OF LOCAL GCVEENMEN1. The legis- 
lature shall within four (4) years cf the adoption of this Con- 
stitution provide for procedures fcr lccal government units 
either separately or jointly to review the government structure 
of the local unit cr jcint unit and submit one alternate term cf 
government to the vcters at the next general cr special election. 
The legislature shall provide fcr this review procedure each ten 
(10) years thereafter." 



INTRODUCED BY: Z§Z_J.h£f IS-iU-is* 



218 



DELEGATE PROPOSAL 
No. 98 - Bights cf Prisoners 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE FBCPCSAL NO. 96 



DATE INTRODUCED: PEE. 2, 1972 



Referred to Bill cf Rights Ccanittee 



A PROPOSAL FOB TWO NEW CONSTITUTION AL SECTIONS PROTECTING TBE 
FIGHTS CE PBISCNEBS. 



BE IT PROPOSED BY THE CONSTITUTION AL CONVENTION CF TBE STATE OF 

MONTANA: 



Section 1. There shall be a new Constitutional Section to 
preside as follows: 

"Section . Incarcerated persons lose none of their huoan 

or civil rights when convicted of a felony, ether than the choice 
of habitation, the right to vote and to hold public office." 

Section 2. There shall be a new Constitutional Section tc 
provide as follows: 

"Section . No incarcerated perscc nay be placed in soli- 
tary ccrf ineeent. " 



INTRODUCED BY: Zs/_Robjert_Lee_£elleher 



DELEGATE PROPOSAL 
No. 99 - local Goverctent 



219 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1S72 
DELEGATE PROPOSAL NO. 99 



DATE INTRODUCED: EEE. 2, 1972 



Referred tc Iccal Gcwernoent Ccmmittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL ARTICLE PROVIDING FCF A CITY 
MANAGER FORM OE GOVERNMENT. 



BE IT PROPOSED EY TEE CCNSTITCTICN AL CONVENTION OF THE STATE CE 
MONTANA: 



Section 1. CITY MANAGER. Any ccaiBunity which seeks a char- 
ter as a municipal ccrpcraticr. Bust use a city manager fora cf 
gcvertie rt. 

INTRCDDCED BY: Zg^.JJgber t„ Iee_ Kellehgr 



DELEGATE ERCPCSAl 
220 No. 1CC - Individual Eights 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1 9"72 

DELEGATE PBCFCSAL NO. IOC 

DATE INTRODUCED: FEE. 2, 1972 

Referred to Bill cf Fights Cc««ittee 

A PROPOSAL FOE A NEW CONSTITUTION AI SECTION PBCHIBITING INVOLUN- 
TARY SERVITUDE A PART OF EACH WEEK EXCEPT FOR NECESSABY AND 
RECREATIONAL SERVICES. 



EE IT PBOPOSEC BY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 

MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . No person shall be required to work other 

than in essential services and places of recreation frci apprcxi- 
aately dusk en Saturday to dawn en Hccday. The exact hours of 
closing and the excluded industries and services are to be deter- 
mined by the legislature." 

INTRODUCED EI: ZsZ_l2fcSIi_I:ee_Kelieher 



DELEGATE FFCFCSAL 
Nc. 1C1 - Legislature, Cacpaigc Spending 



HCNTANA CONSTITDTICNAL CCFVENTICN 

1S71-1S72 

DELEGATE EECECSAL NC. 101 

DA1E INTRODUCED: FEB. 2, 1972 

Referred to Legislative Ccanittee 



A PBOPOSAL FCB A NEW CONSTITUTIONAL SECTION LIHITING CAHPAIGN 
SPENDING EOF THE LEGISLATORS. 



EE IT PROPOSED BY THE CONSTITDTICNAL CCNVENTICN OF THE STATE CF 
HCNTANA: 

Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . The legislature shall appropriate a sua net 

in excess of twenty-five percent (25%) of one year*s salary to be 
used by each candidate for the legislature solely in support of 
his candidacy in each general election. Except for the 
foregoing, nc person shall spend anything of value for or against 
said candidacy." 

INTECEDCED BY: ^g/ , ^Robert_Lee_Kelleher 



222 



EELEGATE PFCPCSAL 
No. 102 - Private Schools, Funding 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE FECPCSAL NO. 102 



DATE INTFOEUCEL: FEB. 2, 1S72 



Beferred to Education and Public lands 
Committee 



A PROPOSAL FOE A NEW CONSTITUTIONAL SECTION AUTHOBIZING FIMAKCIAL 
SUFPCPT FOE PRIVATE COLLEGES AND ONIVEBSITIES FFCVIEEE THEI GUAB- 

ANTEE ESEEDCf OF THOUGHT. 



BE IT FBCPOSEE EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA. 



Section 1. There shall re a new Constitutional Section to 
provide as follows: 

"Section . The legislature say appropriate funds for 

private colleges and universities, provided they guarantee free- 
dom of thought and expression and do not dictate to the faculty 
en matters of religious faith or morals." 



INTECEUCEE EY : Z~Z_£o t^rt_Le€_Ke 1 leher 



DELEGATE PROPOSAL 
No. 103 - Eight tc Live, Eight tc Eie 



223 



MONTANA CONSTITUTIONAL CONVENTION 

157 1-1 972 

DELEGATE PROPOSAL NO. 1C3 

DATE INTRODUCED: EIE. 2, 1972 

Referred tc Bill cf Eights Cca«ittee 

A EEOFOSAL FOR A NEfc CONSTITUTIONAL SECTION GO AB ANT EEING TBE 
RIGHT TC BE BCBB AND THE RIGHT TO DIE. 

BE IT PROPOSED BI TEE CONSTITUTIONAL CONVENTION CF THE STATE CF 
BCNTANA: 

Section 1. There shall te a new Constitutional Section to 
provide as follows: 

"Section . A huoan fetus has the right to be born. The 

incurably ill" have the right net to be kept ali*e by extraor- 
dinary means." 

INTE-ODUCFD EY: i§{ Robert .Lee Relleher 



224 



DELEGATE PRCPCSAL 
Nc. 104 - Natural Bescurces 



PCKTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

IELEGATE PRCPCSAL NC. 1CU 



DATE INTRODUCE!: FEE. 2, 1972 



Referred tc Natural Resources and Agri- 
culture Ccffffiittee 



A PHCPGSAL FCB A NEW CCNST IT OT IG N A L SECTICS BESEBVING TC THE 
FECPLE CF MONTANA ALL SUE-SURFACE EIGHTS EXCEFT UNDER SCHCCL ARE 
INDIAN LANCS. 



BE IT PROPCSEC EY THE CONSTITUTION AL CONVENTION CF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Secticr . All sub-surface rights except under Indian 

lands and lands heretofore reserved tc the schools are reserved 
to the people tc be disposed of as the legislatcre sees fit." 



INTRODUCED EY : ZS^_Robejct_Iee_Kell€her 



DELEGATE PROPOSAL 
No. 1C5 - Equal Pay, Equal Wcrk 225 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1 S72 

DELEGATE PROPOSAL NC. 105 



DATE INTRODUCED: EEE. 2, 1972 



Referred to Public Health, Selfare and 
Later CoBaittee 



A PROPOSAL ECR A NEW CONSTITUTIONAL SECTION GUARANTEEING EQUAL 
PAY FOE EQUAL WORK FOR GOVERFEENT EMELCYEES. 



BE IT PRCPCSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall be a new Constitutional Section tc 
provide as follows: 

"Section . Appointed local and state government 

eaplcyees ether than judicial officers shall receive nc less pay 
than esployees of the United States dcing ccapaiable work." 

INTRODUCED EY: Z§^iL2£ert_Lee_Kerieh€r 



226 



EELEGATE PROPOSAL 
No. 106 - Constitutional Convection 



HCNTANA CONSTITUTIONAL CONVENTION 

1971-1972 

EELEGATE PBCPOSAL NO. 106 



EA1E INTROEUCEE: IEE. 2, 1972 



Referred to General Gcvernaent and Con- 
stitutional Amendment CcBaittee 



xix, e 



A PROPOSAL AMENDING ARTICLE XIX, SECTION 8, OF THE CONSTITUTION 
OF TfcE STATE OF MONTANA ERCVIEING FOR FUTURE CONSTITUTION AL 
CONVENTIONS. 




BE IT PROPOSED BY THE CONSTITUTION AL CONVENTION OF THE STATE OF 

MONTANA: 

Section 1. Article XIX, Section 8 of the present Constitu- 
tion is amended to read as fellows: 



r — by — * 



"Sec. 8. ^a-e—l e g is lata-ve- ase eH 
v-e-fce — &i — twe- " th^E46— e-f— % fa e aea ber e — e4ee-te4— t« — ea-e-h— -b o « e < 
te—the e l ec t o r e-e-f— the-e^ate-t-he-^aes-t^-e-B — wh e ther 
a — 66»y-frB%-t«»-46-f«< i e e T - a-^fce-f T — 6e a a e n d-t-h4e— ■ ee*n 
a— aa jo r it y -ef — tho s e ■ v o t -iaq-CB- t h e - q-aee-t icn ehali 
e>f- — &u«-h — -eeav-e-Bt46B T — the-legiel^a tiv e a ss€abl-y-6h a ±1- a t--; 
see-sies — p^e-va-de— fet— t-he-e-a^l-i-aq-t-be-Eeo f » Th e — cuafe ei — e-f- — aea fce-ES 
e-f — t&e — go Bv e-Bta-es — s-ba4i — b-e — t-he — s-a«e— ae-tb at of the — hcoce — &4 
EefE-eseft^a-t-t-v-ee-y— aa-d-4bey-6-kal4— ■ b e - e l e ct e d ' ic th e s ai e aan a€ E T --at 
t-be— sa*e-?-la€e« T -a-ad-ifl febe — &a«e — d i st tie te-. *4»e l eg i s lativ e 

^"te t o H o A y ■■' — fa fl o X "A ™" "■ x it cuu o6 t uaii 1 "W ^t ■■ x fl V UCJii¥tf|iiitjfl OQfc 1M (!■ I T ■ t n ^ 

4~a-y T ~ be«E— aa d -p l ace-ef-ats a eetiB q, , —f-i i -th e — pa~y — e-i i-te a c a bera 

aad — e f f a ceee-y — a nd p r evide— te s the - p ay tfec t - e-f— tbe ea « e 7 - 4ogc t h CE 

*»i*4*-*b-e-«e«eeea«y— e*-pe«€e-6— e-i — the' e o nv e n tio-B-.— Se-f-e-ae — p roc ee di ng-? 

fehe—ae-a beE S-sh-a-H— t a k e ■ a -a— ea t h t o s u ppo rt — the ecn s titMti e B -e f t he 

Uait e d Stat es - a ad—ef-- t he - stat e o f ■■M-e nt a Da > a ne— te — #■« 

eha-E^ e - tfa e it — a-a-ti e e a s ae«beE6 cf — *J 

■feieas — e~f ae~B*«E6 — c hal j= — b-6 — t-ke — s a a c a o o f t -i 

vid ed- f e E — -f i ll i es, — vacan c i oe in - 
6-e-Bvea4-4« a - s hall -aee t - withi a— t-hee< 

■p-sc par e — s ae b — ae visi e a -y alt e tatioa s » e-E — aa endaen -* 

s-fea-tat i QB as aa-y— be- de ea e d ae€€gea t y T w hich cball bo cu fca i -t-ted- t e 

t he e l eGfee^e— 4e-t- t ho iE - Eat ^ f ieati o B O E - r ejc ct cd a-t — an olectiOB 

-b-y — th e c o nv e nti o n f « E t hat pu rpocc y Bet -l e e e- th a B - tw e 




EELEGATI PFCPCSAI 
No. 106 - Constitutional Convention 



227 



m-ei* — »«***€ — a-i**JE t*e a-4^-e« E B«e n t fehe e eef T — a-»4 

s«fe« i tte^ — aa ^-appEC-v cd b y a B a -jo-g-i^ y o f th e-e4e €tcr e 
v~e4ifrf— a ^ - thc el eg-fe3re-B y -fi6-e u€ fl ■ E e v -i eicn y — alt e ratio n — «* — aiea d- 
«ent — e-ka-li — %afce -e f t eo t » The legislature_ga y_call„ const it otic ral 
conventions at any time. .If duripg_any ten-v.ear ESlicd a cc li- 
st it ut ion a l__c en verticil hag_DQt_t§en_hgld < there shall be placed 

on the .ballot for . the .next . general election the. question: "Shall 

there be a Constitutional Ccnventign?" If ^a_aa jgrity_cf _the_ votes 

cast on the , qugstiop_are_in_th€_negative f the_guesticn_ reed net 

be_£laced_on_the_ballot nntil ££§ 2H.Q £l lh£ B.£.*l teg r year 

period, If a majority. of the , votes , cast cn_the_sub ject_are_in _ t he 

affirmative j delegates t c _ the_cgn vention j shall_b€_chgsec_at the 

next regular statewide election, _ urless the legislature provides 

!gg_£bg .glgcticn_gf _ delegates, ft _a_gEgci§l_ elect ign^._Thg . Governor 

shall issue the_call_f cr_the_ccnvett_icr A Eicgf t_that_delggates 

are to be elected or a n on-p artisan basis acd^nnless, ct hei; provi - 
sions haye_fceep_Bade_by j _law g the call shall .ccpfc r« a s nearly as 

gg§sitl€^tg j the^act_calling_the_acptaDa.CCPstitutigDal ..Co Ejection 
of 1972 x i£cludin2 but net liaited to, _sgafcgr_c| _aeaters 1 ..dis- 
tricts x _g^ get igp_and_cert if icatjen of delegates^ and sub fission 

and ratification ^cf ^revisions and ordirances. The appropriation 

provisions of the ca ll shall_be_self-€xecutir:g_and .shall consti- 
tute^ § f irst claiB on , the state_treasury. _Ccnstitutio.nal TT CCDV€P- 

jiggsf hall have pig Dai ?I -Egy^^-^P gg e Sd.cr_reyis6 the , cctistitB- 

tion"7 subject only _to_ratif icaticg_by . t he people. So c all for a 

const it utional convention, sh all liait these, _pq*ers,. of 

convention. " 



INTHOEDCID BY: ls/._MR°M-hLk*MlS 
/s^Editb. Van, EusXirk 



^ s /,.4Yig.. §». . fl9P rCl ? 



DELEGATE EECFCSAL 
228 Nc. 107 - Executive Article 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE EBCECSAL NC. 107 

DATE INTRODUCED: FEB. 2, 1972 

Referred tc Executive Ccaaiittee 



A PBOPOSAL FOB A NEW CONSTITUTIONAL ARTICLE EBOVIDING FCB JOINT 
ELECTION OF THE GOVERNOR, LIEUTENANT GCVEBNCB AND ATTORNEY GEN- 
ERAL. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Article to 
provide as fcllcws: 

"ARTICLE 

THE EXECUTIVE 

Section 1. EXECUTIVE POSER. The executive power cf the 
state shall he vested in the Gcverncr. 

Section 2. STATE ELECTIVE OFFICERS. There shall be a lieu- 
tenant Governor and an attorney general. They shall have the sane 
qualifications as the Gcverncr and serve fcr the same ten. They 
shall perform such duties as say be prescribed by law and as Bay 
be delegated tc each by the Gcverncr. 

Section 3. ELECTIONS. The Gcverncr shall be elected by the 
qualified voters cf the state at a general election every ether 
edd-nufflbered year. The person receiving the highest nuaber cf 
votes shall be Governor. In the case cf a tie vote, the selection 
of the Governor shall be determined in accordance with la*. 

The term cf office of the Governor shall begin at cccn en 
the first Hcnday in Deceaber next following his election and end 
at nccn en the first Monday in Deceaber, four years thereafter. 

No person shall be eligible for the office cf Gcverncr 
unless he shall be a qualified voter, have attained the age of 
30 years and have been a resident of this state for two years 
immediately preceding his election. 



DELEGATE FRCFCSAL 
No. 107 - Executive Article 



229 



The Governor shall net held any ether effice cr employment 
of profit under the state or the United States during his term cf 
office. 

The Governor, the lieutenant Goverrcr and the attorney gen- 
eral shall belong to the sane political party and shall te 
elected jointly in Loth the primary and the general elections. 

In both the primary and general elections, one vote shall 
be cast jointly for the candidate for Governor, lieutenant Gover- 
nor and attorney general. 

Nc person shall be elected to the effice cf attorney general 
who is net an attorney admitted to practice before the supreme 
court cf the state. 

Section 4. LIMIT ON TENUEE. Nc person who has been elected 
Governor for t*c full successive terms shall be eligible tc held 
that office until one full term has intervened. 

Section 5. COMPENSATION. The compensation cf the Governor, 
the lieutenant Governor and the attorney general shall be pre- 
scribed by law and shall not be diminished during their term cf 
office, unless by general law applying tc all salaried officers 
of the state. 



Section 6. EXECUTIVE AND ADMINISTRATIVE EOWERS. The Gover- 
nor shall be responsible for the faithful execution cf the laws. 
He may, by appropriate action and proceeding brought in the name 
of the state, enforce compliance with any constitutional cr 
legislative mandate or restrain violation cf any constitutional 
or legislative power, duty or right of any officer, department or 
agency of the state cr any of its civilian divisiens. This 
authority shall net authorize any action cr proceedings against 
the legislature. 

The Governor shall commission all officers of the state. Ee 
may at times reguire information, in writing cr otherwise from 
the officers of any administrative department, effice cr agency 
upon any subject relating tc their respective offices. He shall 
be commander-in— chief of the armed forces of tte state, except 
when they are called into the service cf the Onited States and 
may call them out tc execute the laws, to preserve order, to sup- 
press insurrection or tc repel invasion. 

Section 7. PRINCIPAL DEPARTMENTS. All executive and admin- 
istrative offices, agencies and instrumentalities cf the execu- 
tive branch cf state government and their respective functions, 
powers and duties, except for the effice of Governor and lieu- 
tenant Governor shall be allocated by law among and within twenty 
principal departments. They shall be grouped as far as possible 
according tc major purposes. 



DELEGATE FBCPCSA1 
230 No. 107 - Executive Article 



Subsequent to the initial allocation, the Governor Bay make 
changes in the organization of the executive branch or in the 
assignment of functions among its units which he considers neces- 
sary for efficient administration. Where these changes require 
the force of law, they shall be set fcrth in executive orders and 
submitted tc the legislature. Thereafter the legislature shall 
have 60 calendar days of a regular session or a full regular 
session if of shorter duration, tc disapprove each executive 
order. Cnless disapproved in both houses by a resolution con- 
curred in by a majority of the members elected to and serving in 
each house, each order shall beccme effective at a date there- 
after to be designated by the Gcverrcr. 

The head of each department shall be a single executive 

except in the case of the Department of Education which is headed 

by a nine member board of education elected in a manner pre- 
scribed by law. 

The single executives heading principal departments shall 
include the attorney general acd may include the lieutenant 
Governor unless his duties are otherwise defined by the Gover- 
nor. 

Apart from these exceptions, each head shall be appointed by 
the Governor by and with the advice and consent of the senate 
and he shall serve at the pleasure of the Governor. 

Such single executives shall held office for a term to 
expire at the end of the term tor which the Governor was 
elected, unless sooner removed by the governor, except that the 
removal of the lieutenant Governor and the attorney general from 
executive position shall require a two-thirds vote of each house 
of the legislature. 

The Governor shall nominate and by and with the consent c£ 
the senate, appoint all officers for whose election and appoint- 
ment prevision is not otherwise made by this constitution or by 
law. If the manner of removal is net prescribed in this constitu- 
tion, his removal shall be in a manner prescribed by law. 

ihen the senate is not in session and a vacancy occurs in 
any office, appointment to which requires the confirmation of the 
senate, the Governor may fill the office ty granting a commission 
which shall, unless such appointment is confirmed, expire at the 
next session of the senate; but the person so appointed shall not 
be eligible for another interim appointment to such office if the 
appointment shall have failed to be cccfirmed by the senate. 

He perscn who has been nominated for appointment for any 
office and whose appointment has not received the consent cf the 
senate shall be eligible to an interim appointment thereafter to 
such office. 



NO. 



EELEGAIE ERCFCSAI 
1C7 - Executive Article 



231 



Every officer appointed under the prcvisiccs cf this section 
shall be a citizen cf the Onited States and shall have been a 
resident of the state for at 
his appointment. 



least cne year immediately preceding 



Secticn 8. GOVERNOR'S MESSAGES 1C THE LEGISL ATO 5 E. The 
Governor shall at the beginning of each session and Hay at ether 
times, give to the legislature infermatien as to the affairs cf 
state and recemmend measures he considers necessary and advis- 
able . 

At the beginning cf each regular session, he shall also send 
to the legislative assembly a statement with vouchers cf the 
expenditures of all moneys belonging to the state and paid out ty 
him. 

He shall also at the beginning cf each sessicn, present 
estimates of the ancunt cf money required to be raised by taxa- 
tion fcr all purposes of the state. 

Section 9. PARDONS. The Governor shall have pewer tc grant 
reprieves, commutations and pardons, after conviction, for all 
offenses and may delegate such powers, subject to such procedure 
as may be prescribed by law. 



Secticn 10. CONVENING 1HE LEGISLATORE. Wherever the Governor 
considers it in the public interest, he may convene the legis- 
lature, either house or the two houses in joint session. 



shal 

shal 

he a 

his 

ente 

reco 

the 

the 

it s 

by 

two- 

a ma 

a la 



Secticn 
1 have p 
1, befo 
pproves, 

ob jecti 
r the ob 
nsider 
members 
members 
hall be 

which 
thirds o 
jority o 
w, nctwi 



11 . 
assed 
re it 

he s 
ens 
jecti 
the 
prese 
elect 
sent 
it s 
f all 
f the 
thsta 



VE10 
the 
bee 

hall 

to t 

ens 

same 

nt, 

ed t 

toge 

hall 
mem 
mem 

ndin 



FOW 
sena 
omes 

sign 
he ho 
at la 
. If 
which 
o tha 
ther 

like 
bers 
bers 
g the 



ERS CF 
te and 
a law, 

it; bu 
use in 
rge en 
after s 

two-th 
t hcuse 
with th 
wise te 
present 
elected 

object 



THE 
the 
be pr 
t if 
which 
its 
uch c 
irds 
, sha 
e cb j 
recc 
, whi 
tc t 
icn. 



GCV 
hcu 
esen 
not 
it 
jo 
onsi 
shal 
11 a 
ecti 
nsid 
ch t 
hat 



EFNOE. 
se cf 
ted tc 
he may 
criqic 
urnal 
derati 
1 i rcl 
gree t 
ons tg 
ered a 
wc-thi 
hcuse , 



Eve 

the 

ret 
ated 

and 
en, 
ude 
o pa 

the 
nd i 
rds 

it 



ry bi 
prese 

Gove 
urn 
, whi 
pre 
twe-t 
a ma j 
ss th 

othe 
f app 
shall 
shall 



11 which 
r.tatives 
rnor. If 
it with 
ch shall 
ceed to 
hj.rds cf 
crity of 
e bill, 
r house, 
roved ty 
include 
become 



In case the Governor shall net transmit the bill either with 
his approval or with bis objections, within ten calendar days, 
Sunday and legal holidays excepted, after the same has teen pre- 
sented to him, it shall te a law at the expiration cf that 
period. The Governor shall have the power tc veto any particular 
item or items cf an appropriat icE bill, but the veto shall not 
affect the item or items to which he dees net object. The item cr 
items objected to shall net take effect except in the manner 



232 



DELEGA1E PROPOSAL 
No. 107 - Executive Article 



heretofore provided in this section as tc bills returned to the 
legislature without his approval. 

If the Governor approve the general purpose of any bill, but 
disapprove ar>y part or parts thereof, he Bay return it with 
recommendations for its amendment, to the house in which it orig- 
inated, whereupon the same proceedings shall be had it bcth 
houses upon the bill and his reccmienda tiers in relation to its 
amendment as is above provided in relation tc a bill, which he 
shall have returned without his approval and with his objections 
thereto; provided that, if after such reconsideration both 
houses, by a vote of a majority of the members present in each, 
shall agree to amend the bill in accordance with his recommenda- 
tion in relation thereto or either house by such vote shall fail 
or refuse tc so amend it, then acd in either case the bill shall 
be again sent tc him and he may act upon it as if it sere then 
before him for the first time. In all cases above set forth, the 
names of the members voting fcr and against the bill, the item cr 
items cf an appropriation shall be entered on the journal cf 
each house. 

Section 12. SUCCESSION TO THE OFFICES AND POHEBS CF GCVEF8CR 
AND LIEUTENANT GOVEBNCE. If the Gcvernor-elect dies, resigns or 
is disgualif ied, the lieutenant Governor-elect shall succeed to 
the office of Governor for the full term. If the Governor— elect 
fails to assume office for any ether reascn, the lieutenant 
Governor shall serve as acting Governor; and he shall succeed to 
the office of Governor if the Gcvernor-elect does not assume his 
office within six months of the beginning cf his term. 

In case of the removal of the Governor frcn office or his 
death or resignation, the lieutenant Governor shall become 
Governor for the remainder of the term. 

whenever the Governor transmits to the presiding officers of 
the house and senate his written declaration that he is unable tc 
discharge the powers and duties cf his office, and until he 
transmits tc them a written declaration tc the contrary, such 
powers and duties shall be exercised by the lieutenant Governor 
as acting Governor. 

Whenever the lieutenant Governor and a majority cf the heads 
of the executive departments transmit to the house and senate 
their written declaration that the Governor is unable to dis- 
charge the powers and duties of his office, the lieutenant Gover- 
nor shall immediately become the acting Governor. 

Thereupon the legislature shall assemble within 96 hours if 
not in session and shall decide the issue. If the legislature, 
within ten days after the receipt of the latter written declara- 
tion or if not in session, within ten days after the legislature 
is required to assemble, determines by tmc-thirds vote of the 
members voting in both houses that the Governor is unable to dis— 



DELEGATE EBCFCSAL 
No. 1C7 - Executive Article 



233 



charge the powers and duties of his office, the lieutenant Gover- 
nor shall continue to discharge the duties cf acting Governor; 
otherwise, the Governor shall resume the powers and duties of his 
office. 



the 



Ihe acting Governor shall have all the powers and duties 
Governor . 



cf 



whenever there is a vacancy in the office of lieutenant 
Governor, the Governor shall nominate a lieutenant Governor who 
shall take office upon confirmation by each hcuse cf the legis- 
lature ty a majority of the members voting. 

Ihe legislature, in cases not herein provided for, may enact 
laws for succession to the office of Governor and lieutenant 
Governor. 

Section 13. The legislature shall establish standard guide- 
lines based en personal qualifications and cn-the-jcb performance 
for the appointment, hiring, advancement and discontinuacce cf 
employment for all state employees ether than the elected and 
appointed officers provided fcr in this constitution. M 



IMFODUCED BY: Z§Z_H.§I2la._ Ar banas 



234 



DEIEGATE PROPOSAL 
No. 108 - Elections 



MONTANA CONSTITUTIONAL CONVENTION 

1 57 1- 1 S72 

DELEGATE PROPOSAL NO. 1C8 



DATE INTFODDCEE: fEE. 2, 1972 



Referred tc Lccal Gcvernaent Comaittee 



A PROPOSAL FOR A NEW CONSTITUTION AI SECTION EECVIDING FOR COUNTY 
ELECTIONS ON ALTERNATIVE FOBHS OF GOVERNMENT. 



BE IT PROPOSED BY THE CONSTITUTION L CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . Each county in the state shall vote in 1976 

on whether tc continue the county governaect then in effect in 
that county or tc adopt an alternative fen. The legislature 
shall authorize several alternative forns of gcvernaent and pro- 
vide for the county election which shall fce between the fora cf 
govercaent then in effect and one alternative. The legislature 
shall also provide for procedures thereby each ccunty aay select 
the alternative to be placed on the ballet." 



INTRODUCED BY: Z§^_£orcth^_Eck 
/s/ _ Virginia., H« .Blend 



£s£ m Daphne . Eugbee 



DELEGATE PFCFCSAL 
Nc. 1 C 9 - Political Party Ccntrituticns 



2; 15 



MONTANA CONSTITUTIONAL CONVENTION 

19 71-1S72 

DELEGATE PROPOSAL NC. 1CS 



DATE INTRODUCED: PEE. 2, 1972 



Referred to Revenue and Finance Ccnaiittee 



A PROPOSAL FOR A NEW CONSTITUTION AL SECTION ALLOWING INCOME TAX- 
PAYERS TO CONTRIBUTE ONE DCLLAF TC FAETY Of TKEIR CHCICE. 



EE IT PROPCSEC EY THE CONSTITUTION AL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. There shall fce a new Constitutional Section to 
provide as fcllcMs: 

"Section . Each person cr persons filing a separate 

income tax return may assign so much of his tax, as the legis- 
lature provides, tut nc less than cne dollar to the political 
party of his choice." 



INTRODUCED EI: Zs/_Rcbert_l€€_K€lleher 



u:w 



DELEGATE PROPOSAL 
No. 110 - Elections, Consecutive Tern's 



MONTANA CCNSTITUTICKAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 110 



DATE INTRODUCED: FEE. 2, 1972 



Referred to Executive Ccaaittee 



A PROPOSAL FOR A NEW CONSTIT0TION AL SECTION LIMITING THE NUMEER 
OF TIKES A PERSON MAY SUCCEED HIMSELF IS CFEICE. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MCNIANA: 



Section 1. There shall be a new Constitutional Secticn to 
provide as fellows: 

"SectioD . After the effective date of this prevision no 

perscn say serve more than three consecutive teras ir the sate 
public elective office." 



INTRODUCED EI: /sy_€egf f r§v_i. .Bragier 



DELEGATE PFCPCSAL 
No. 111 - Gastling 



237 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 111 



DATE INTPOEOCEL: FEE. 2, 1972 



Referred to General Government and Con- 
stitutional Amendment Committee 



XIX, 2 



A PROPOSAL AMENDING ABTICLE XIX, SECTION 2 Of TEE CCNSTITOTION OF 
THE STATE OF HONTANA TO PRCHIEIT GABBLING AS A BEANS OF FINANCING 
STATE GOVEBNMENT AND TO PEEHIT CBABITABLE CE NONPROFIT ORGANIZA- 
TIONS TO ENGAGE IN GIFT ENTERPRISES. 



BE IT PROPOSED BY TEE CONSTITUTION AL CONVENTION OF TEE STATE OF 
MONTANA: 



Section 1. Article XIX, Section 2 of the present Constitu- 
tion is amended to read as fellows: 

"See. 2. The legislative assembly shall have no poser to 
authorize lotteries, -e-E — gi#* — e B*e£ g si 6€ 6 -' € eg- a B ¥ -p« c pee« T — a-s4 

psie e e grgajblingcfany kjnd_f cr_the_p,urpgse_cf _f inancing_ units 

of state cr~lccal7iQyernBent.in .this state^_This_ircvision_shall 

net pichibit^chagitable_cr , nencref it crganizaticns_f rom en ga ging 

in aift enterprises and ti cket sales when authcrized_£g_dg_sg_t j 

law."" 



INTRCDOCED EI: ^.s/_Gene_Eazbansh 
^s/_Harold Arbanas 

/s/ Carl H. Davis 

/s/_Hai_Congyer 



/s/ Dorothy_|ck_ - 

^s/. Egd_Han3gg 

/s/ 8. 5. Hansen 



DELEGATE FFCFCSAL 
238 No. 112 - Wholesale Ligucr 



MONTANA CCNSTITUTICFAL CONVENTION 

1971-1972 

DELEGATE FECFCSAL NO. 112 



DATE INTRODUCED: EEB. 2, 1972 



Referred to General Government atd Con- 
stitutional Aaendaent Ccnsaittee 



A PFCFOSAL FOE A NEW CONSTITUTIONAL SECTION PROVIDING THAT THE 
STATE NOT ENGAGE IN THE KHOLESAIE IIQUCR EUSINESS. 



BE IT FEOPOSED EY THE CONSTITOTIC NAI CONVENTION OF THE STATE OF 
BCNTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . The legislature shall provide that by Ceces- 

ber 31, 197U the state of Montana shall nc longer engage in the 
business of buying and selling liquors. This section does not 
prevent the legislature from regulating or taxing the retail and 
wholesale sale cf liquor." 

INTRODUCED EI: ^s^_Arnold_W r _Jacotse n 

^s/_Hae_Nan_Rotinscn_ £§/.. £» _jja,§can lin 

^s^_Don_E i _Belcher Z§Z_Ii_Ji_Studer x _Sr a _ 

^s/ Sterling Ryag /s/Jcseph H. McCarvel 

ZlZ_Gecra l e_i i _Rcllins Zs^_Marian_S i _Erd§ann_ 



DELEGATE PF-CPCSAL 
Nc. 113 - Teachers' Salary Equity Ecard 



239 



MONTANA CONSTITUTIONAL CCNVENTICN 

1971-1912 

CELEGATE FBCPCSAL NO. 113 



DATE INTRODUCED 



PEE. 2, 1972 



Eeferred tc Education 
Ccaaittee 



and Public Lands 



A PEOFOSAL FOB 
TEACHERS' SALABY 



A NES CONSTITUTIONAL 
EQUITY BCABE. 



SECTION PROVIDING FOB A 



BE IT PBOPOSFD 
HCNTANA: 



EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. There 
provide as follows: 



shall te a new Ccnstituticnal Section to 



Boar 

(1) 

ers' 

lega 

by 

for 

Equi 

any 

his 

arie 

the 

and 

redu 



"Sect 

d ccn 
aeaber 
reti 
1 vote 
the S 
the ae 
ty Eoa 
aeaber 

salar 
s rais 
Eoard 

prcfe 
ce sal 



ion . 

sisting 

is tc be 
reaent s 
rs of the 
tate Eoa 
thcd cf e 
rd. The 

of the t 
y and th 
ed twenty 
shall con 
ssicr.al 
aries." 



There i 
cf thre 

elected 
ystea , 

state a 
rd of Ed 
lection 
duties s 
eachers* 
e powers 

percent 
sider cl 
growth. 



s cr 

e ■€ 

by 

one 

nd c 

ucat 

and 

hall 
ret 
sha 
(20 

assr 
The 



eate 
aber 
the 

(D 
ne ( 

ion. 
for 

inc 
irea 
11 i 
*) c 

OOB 

Boa 



d a T 
s serv 
vote o 
aeaber 
1) sea 

The 1 
the po 
lade t 
ent sy 
nclude 
r less 

perf c 
rd sha 



each 
ing 
f ae 

is 
ber 
egis 
wers 
he h 
stea 

the 
. In 
raan 
11 n 



ers' 
f cur 

aber 

to b 

is t 

latu 

and 

eari 

who 

pew 

eva 

ce , 

ot h 



Sal 
-year 
s cf 
e ele 
o be 
re sh 

duti 
ng cf 

is a 
er to 
luati 

publ 
a?e t 



ary 

tera 
the 
cted 

app 
all p 
es c 

appe 
ggrie 

orde 
ng sa 
ic s 
he pc 



Equity 
s ; one 
teach- 
by the 
ointed 
rovide 
f the 
als by 
ved by 
r sal- 
laries 
ervice 
Her to 



I NT BOD UC ED BY: ZsZ_£i£tl£j-Bi_ Boeder 



240 



DELEGATE PFCFCSAL 
No. 114 - Natural Resources, Conservation 



MONTANA CONSTITUTIONAL CONVENTION 

1S71-1S72 

DELEGATE FECECSfiL NO. 114 



DATE INTEOCUCED: PEE. 3, 1S72 



Referred to Natural Eesources and Agri- 
culture Ccirnittee 



A PROPOSAL FOR A NEW CONST IT0TIONA1 SECTICN CN EDELIC SIGHTLINESS 
AND GCCD CEDEE. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OP THE STATE CF 
KCNTANfl: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . PUBLIC SIGHTLINESS AND GCCE CEDEE. The state 

shall conserve and develop its natural beauty, objects and places 
of historic cr cultural interest, sightliness and physical good 
order, and for that purpose private property shall be subject to 
reasonable regulation." 



INTRODUCED EY: Z§Z_Da.Ehn€_Bua,b€€ 

^s^_Eorothy._Eck 

^s^_Jergoe_Cate 

</s^_Arlv.ne_Reichert 
Z~Z_I°b_Canij:bell_ 



/s^_F,ich a rd_Bi_ Feeder. 

^s^_Bruce_B A _ErcwD 

2§/_Gecrae_ Harper 



DELEGATE PBCPCSAL 
Nc. 115 - Elected Cffices 



241 



KCNTANA CONSTITUTICNAI CONVENTION 

1971-1972 

DELEGATE FHCPCSAI NC. 115 



DATE INTFODUCED: EEE. 3, 1972 



Referred to General Government and Con- 
stitutional Atend»ent Ccasittee 



A PROPOSAL FCE A NEW CONSTITUTIONAL SECTION EBCVIDING TEAT THIS 
CONSTITUTION SHALL NOT AFFECT PRESENT ELECTIVE CFFICES EEFCFE 
1977. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CE THE STATE OF 
MONTANA: 



Section 1. There shall be a new Ccnstitut icnal Secticc tc 
provide as follows: 

"Section . No action of the 1971-1972 Constitutional 

Convention shall affect the status cf any elective office tc fce 
filled at the Ncveaber 1, 1972 election cr any office the term to 
which ends before January 1, 1977. H 



INTRODUCED BY: ZsZ_£aEhne_Eua,fcee 
^§ i /_Dorothy_ Eck 



242 



DELEGATE EFCFCSAL 
No. 116 - Individual Eights 



MONTANA CONSTITUTIONAL CChVENTICN 

1S71-1S72 

DELEGATE ERCECSAL NO. 116 



DATE INTECCUCEC: FEB. 3, 1972 



Referred tc Bill of Eights Cc»n>ittee 



III, 3 



A PROPOSAL AMENDING ARTICLE III, SECTION 3 OF THE CONSTITUTION OF 
THE STATE OF MONTANA RECOGNIZING THE PEOPLE'S OBLIGATION TC PRE- 
SERVE THEIR RIGHTS AND PROPERTY. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. Article III, Section 3 cf the present Ccrstitu- 
ticn is attended to read as fcllcws: 

"Sec. 3. Al l --j>e r Go n e a re - fc o-Efi-eq-sa-t-l-y— £-Eee # and — ka~»e — eef- 
■tai-n — Ba-t-tt-cal, ■ eeecnt-itshly— a-ed-i fi alic n aklc riqh%e y -a«^flf-»fe-icte - a a ? 

be- r ecko-Bea— 4^e-f4^-h4 o f ' en j e yia g a«4— i^cn di B-g- th o ii li^ec — a**4 

-14bc rti e c 7 — e^-a-e^n4^-i«^ T -po E 6e-6fe^-R^-y-a B4 -ff e%e6 *iB g-fg»peg4 y T aad 
e4-&eekirg a nd-e-fe-fea inin g their Ga-ie^y-a-frd—kaf-E-i-Eeee- i -B-a^ l -l-a-wiql 
w ay s» All_£€C£le_are_f ree_b^_nature_and_are_eaual_in_their_inher- 
ent and_inalienable_riahts i _A§cn2_these_r ights_are_the_en jcyfflent 
o.f_lif e x _libert^_and the £12 r suit of har^inessj These rights 

cannot ej}duie_unless_£ec£le_recc2niz€_their_ieci 

bilities_and~obligations_tc_se^u^ 
tc_£rctect_their_ - £rc£ertj i " 

INTROEUCFD BY: 4.s£_J±_l±_Uaia 

^s/_Margaret_S i _Warden ZSZ_li«*i_lSiii£S 

i /s^_Charles_H i _Mahone2 /,s/ George, B y Heliker 

^s^_Maurice_Driscoll Z§Z^ia .'Ja -Studer t , Sr » 

Z s .Z_l!i_I:.y.IlIl_~£2lJi s . Z§^_Ii_*jL_Scanlin 

^s^^Virginia_H 1 _Blend_ Zs^_Fcte£t_L€e_Kellehe^ 



EELEGATE PECFCSAL 
Nc. 116 - Individual Rights 



243 



^s/_Kacjnus_Aashei«a 

Z§^_2U_£.i_.JJiiscn 

^s/_Pobert_E i _Ncble 



/s/ A. H. Kamhopt 

^s/_Hn i _Eur khardt 

z§z_f sa§£_Ai_Jl^a£§i. 



LM1 



DELEGATE FECECSAL 
Nc. 117 - Agriculture 



KCNTANA CONSTITUTIONAL CONVENTION 

1S71-1972 

DELEGATE FECECSAL 117 



DATE INTFODUCEE: EEE. 3, 1972 



Referred tc Natural Resources and Agri- 
culture COEffittee 



A PROPOSAL FCB A NEW SECTION TC PECVIEE FOR A EEPAETHENT OF AGRI- 
CULTURE. 



BE IT PROPOSED EY TEE CONSTITUTIONAL CONVENTION CF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Ccnstituticnal Section to 
provide as fcllcus: 



"Secticr. 



There shall be a Department of Agriculture." 



INTRCDUCED EY: /s/_Grace_Bate s 

ZSZ_£race_Bates 

/s/_Carffian_Skari 

^s^_Jchn_H i _Leuthold_ 

^s^_Llcid_Earnard 

/s/ Carl M. fayis 

^s^_Jchn_H i _Anderson_ 
/s/ m Leslie Eskildsen 
^s^_Edith_Van_Euskirk 
^s^_Jero£€_J i _Cate_ 



^s^_Ecualas_Delanej2 

Z§Z_Chet_Bla^lgck 

^s^/_C i _Lcuise_Crcss 

Z§^_Dcn_F. i _Eelcher 

/£/ B. A, Nutting 

^/s/ _ Charles fl,_Bahcney 

/s/.Dcnald_R t _ Foster 

/s/_Kark_Etchart 

^s^_Paul_K A _Harlc« 



DELEGATE PECPCSAL 
No, 118 - Preaiible 



245 



MONTANA CONSTITUTIONAL COVEMICN 

1S71-1S72 

DELEGATE EBCr-CSAL NO. 118 



DATE INTRODUCE!: FIE. 3, 1972 



Referred tc Bill of Eights Ccaiirittee 



A FRCPCSAL FOR A PREAMEIE TC THE NEW CONSTITUTION. 



BE IT FROPCSEE BY THE CONST ITUTICNAI CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall be a Preamble tc the Ccnstituticn tc 
read as fellows: 

"PBEAMEIE 

We tha people cf Mcntana are grateful fcr Divine Guidance, 
mindful of cur rich heritage, thankful fcr cur shining mountains 
and rolling plains, and realize that all pecple are free by 
nature and are egual in their inherent and inalienable rights. 
Among these rights are the enjoyment cf life, liberty and the 
pursuit cf happiness. We recognize corresponding responsibilities 
and obligations tc secure and preserve these rights and to pro- 
tect our property fcr future generations; and with this irtert we 
do ordain and establish this Ccnstituticn . " 



INTRODUCED EY : _____ ________ d 

/g^_ g* ft t .Nutting 

_________________ 

_. ____________________ 

/s/ Maurice Driscoll 

/s/ William _ A. _Eurkhardt 

____li£_±_i2_M.___i e :__ 

_,____o_er_A__W___e_ 



_§Z__i_J__Studer__Sr__ 
______________________ 

_^______u_______ij 

___________________ 

__;__ Cjj__A_j._Sca.nl in 

________________ 

_s___ _________.: Warden 



246 



DELEGATE FBCPCSAL 
Nc. 119 - Revenue, Earnarkir,g 



PCKTANA CONSTITUTIONAL CCNVENTICN 

1971-1972 

DELEGATE PROPOSAL NC. 119 



DATE INTFOEUCEE 



FEE. 3, 197; 



Referred tc Revenue and Finance Committee 



A ERCPOSAL FOR A NEW CONSTITUTIONAL SECTION EFCVIDING FOR TEE 
EARMARKING CF GRASS CONS FR V ATICN , HAIL INSURANCE ANE HHEAT 
RESEARCH FUNIS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CCNVENTICN OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . (1) All moneys paid into the state treasury 

which are derived fron acreage taxes to support the hail insur- 
ance progran shall be expended only for hail insurance losses, 
refunds, interest on warrants and cost of administering the hail 
insurance program. 

(2) All moneys paid into the state treasury which are 
derived from grazing district permit fees or assessments shall be 
expended only for administering the state grazing district pro- 
gram. 

(3) All moneys paid into the state treasury which are 
derived from assessments on marketed wheat shall be expended only 
for costs of administering the wheat research and marketing pro- 
gram. 

None of the above mentioned moneys may be deposited in the 
state's general fund to support state government. " 



INTRODUCED EY: Z§^_5l2£!JS_Aasheim 

^s^_Hax_C2fioyer. 

Zs/_ Jchn_Eu_Anderscn, Jr t 



/s/ Lloyd Ea rnar d 



DELEGATE PROPOSAL 
Nc. 12C - Bingo Ganes 



247 



MONTANA CONSTITUTICNAL CONVENTION 

1971-1972 

DELEGATE FECFCSAL NO. 120 



DATE INTRODUCED: 



EEB. 3, 1S72 



Referred to General Government and Con- 
stitutional AniendfDtnt Ccmicittee 



XIX, 2 



A PROPOSAL AMENDING ARTICLE XIX, SECTION 2 OF THE CONSTITUTION OF 
THE STATE OE MONTANA TO PERMIT EINGC GAMES EY NCNPRCFIT ORGANIZA- 
TIONS. 



BE IT PRCFCSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article XIX, Section 2 of the present Constitu- 
tion is aaended to read as fellows: 

"Sec. 2. The legislative assembly shall have nc power to 
authorize lotteries, or gift enterprises for any purpose, and 
shall pass laws to prohibit the sale cf lottery or gift enter- 
prise tickets in this state. This_£rovisicn_shall_nct_,p > rohitit 
SOS^£ofil^_£i>SSiii^I§x_2I_Sllil££k-I«IaiS^_SIcu£s frci conducting. 



INTRCEUCEE EY: Z§Z_iU_l!i._iS.§!Mc.! 
^s^_Tcrrex_Jchnscn 



isi J. K. . Ma rd 



DELEGATE PROPOSAL 
248 No. 121 - Public L'tilitie: 



MONTANA CCNSTITCTICNAL CCNVENTICN 

19 7 1-1S72 

DELEGATE FBCPOSAL NO. 121 



DATE INTRODUCED: FEE. 3, 1972 



Referred to Public Health, Welfare and 
Labor Committee 



A PROPOSAL EOR A NEW CONSTITUTION AL SECTION PROVIDING FCR EUELIC 
UTILITY CORPORATIONS. 



BE IT FRCPCSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . Any county cr municipal subdivision of the 

state has the power and authority tc establish public corpora- 
tions for the maintenance and operation of utilities, subject to 
regulations prescribed by law." 

INTRODUCED EY: ^s^Paul^K^Harlow 

/s/_Miles_Romney ^§/_Grace_ Bates 

/s^_Don_E i _Belcher Z§^-Q§g£9f_l?a.. J3i!i§ 



DELEGATE ERCFCSAL „ 

No. 122 - Public Offices, Salaries 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE ERCECSAL NO. 122 



DATE INTRODUCED: EEE. 3, 1972 



Referred tc Lccal Government Committee 
Referred tc Executive Committee 



V, 31 



A PROPOSAL AMENEING ARTICLE V, SECTION 31 OF THE CONSTITUTION CF 
THE STATE CF MONTANA, DELETING THE fcCRDS "CE INCREASE" FEOff THE 
SECTION PROVIDING FCF SALARY INCREASE FOR ELECTED EUBLIC OFFICERS 
DURING THEIR TERM CF CFFICE. 



BE IT PROPOSED EY THE CONSTITUTION A I CONVENTION CF THE STATE CI? 
MCNTANA: 



Section 1. Article V, Section 31 of the present Constitu- 
tion is amended to read as follows: 

"Sec. 31. Except as otherwise provided in this constitu- 
tion, no law shall extend the term of any public officer, «* 
i-ft6*eaee- or diminish his salary or emolument after his election 
or appointment: provided, that this shall net be construed tc 
forbid the legislative assembly fro* fixing the salaries or 
emoluments of those officers first elected or appointed under 
this constitution, where such salaries or eucluaents are net 
fixed by this censtitution. " 

INTRODUCED BY: /S/_Thoias_B i _Ask 
/s/ George H. Rollins 



250 



DELEGATE FECFCSAL 
No. 123 - Legislative, Interiu Ccmaittee 



MONTANA CONSTIT0TICNAI CONVENTION 

1971-1S72 

DELEGATE EBCFCSAL NO. 123 



DATE INTRODUCED: EIB. 3, 1S72 



Referred to Legislative CooBittee 



A PFOFCSAL EOB A NEW CONSTITUTIONAL SECTION PROVIDING EOF LEGIS- 
LATIVE INTERIM COMMITTEES. 



EE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 

MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . The legislature nay establish interis ccntBit- 

tees of the legislature which iray aeet between legislative ses- 
sions and exercise all legislative authority delegated to theo." 



INTRODUCED BI: /S^_Felt 

ZsZ_«a£^_I£chart 

^s^_R i _F i _HoodBanse^ 

/s/ George Harper 

Z§Z_Donald_B i _F ester 



/s/_Leslie_E§k ildse n 
/s/ Arlyne Reichert, 



DELEGATE PFCPOSAL 
No. 124 - Lie Detector Tests 



251 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE EBCFCSAL NO. J24 

DATE INTBODDCEE: FEB. 3, 1S72 

Referred tc Bill of Fights Committee 

A PROPOSAL FOR A NEW CONSTITUTION AL SECTION PRCHIEITIKG LIE 
DETECTOR TESTS AS A CONDITION OF EFELCYMENT. 

BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section tc 
provide as fellows: 

"Section _. No person shall fce required as a condition of 
employment to submit to lie detector or ether self-incriHiratirg 
tests. " 

INTRODUCED EY: ZSZ_J££2Jie_«3i_Cat e 

ZsZ_£e£IS£_!A_ii£iiJS e £ ZSZ-David.Li.Holland 

ZsZ.GecraeJi.Bollins ^s^_Lucile_S£eer 



252 



DELEGATE PROPOSAL 
No. 125 - Private Ercperty Protection 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 125 



DATE INTRODUCED: EEB. 3, 1S72 



Referred tc Bill of Fights Committee 



III, 14 



A PROPOSAL AMENDING ARTICLE III, SECTION 14 OF THE CONSTITUTION 
OF THE STATE OF MONTANA PROVIDING THAT ENVIRONMENTAL AMENITIES 
NOT EE TAKEN OR DAMAGED WITHOUT JUST COMPENSATION. 



BE IT PROPOSED EY THE CONSTITUTIONAL CCNVEKTICN OF THE STATE OF 
MONTANA: 



Section 1. Article III, Section 14 of the present Constitu- 
tion is amended tc read as follows: 

"Sec. 14. Private proper ty^^including„its_inherent_envirgn r 

aenta^ amenities^ shall net be taken x «€ damaged cr^im^ajlred^tv. 

ajrjr_entitv. f or p u b lie -qee without just compensation.^ feavii 
#4^e4 m a d e t o o r pa id iBto - e e« Et -4e E ■ t fee-e w we E * " 



INTRODUCED EY: ZSZ-Jf ££fiS_«2i-Ca£e 



NO. 



DELEGATE PROPOSAL 
126 - Local Govercient 



253 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 126 



DATE INTRODUCED: FEB. 3, 1972 



Referred tc Local Governiect Committee 



A PROPOSAL EOR A NEH CONSTITUTIONAL ARTICLE ON LCCAI GOVERNMENT, 



BE IT PROPOSED 

MONTANA: 



EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. There shall te a new Constitutional Article to 
provide as fellows: 

"ARTICLE 

LOCAL GCVEBFMENT 

Section 1. LOCAL GCVERNHENT UNITS. As used in this article 
local governments shall include tut shall net te limited tc coun- 
ties, cities and tewns. 

Section 2. ORGANIZATION OF LOCAL GOVERNMENT. The legis- 
lature shall provide ty general law for the government of coun- 
ties, cities, towns, and other local governnent units and for 
methods and procedures of incorporating, classifying, merging, 
consolidating, and dissolving such units of government and for 
altering their houndaries. 

Section 3. OPTIONAL FLANS. The legislature shall provide ty 
general law for optional forms of government for counties, cities 
and towns, or a coatinaticn of any two or mere of these units, 
which may te adopted or repealed ty a majority of the gualified 
voters voting thereon; provided, however, that cne optional form 
of county government shall include the following elected county 
officials: three county commissioners, clerk, sheriff, treasurer, 
superintendent of schools, surveyor, assessor, coroner and puhlic 
administrator. 

Section 4. LOCAL CHARTER WRITING. The legislature shall 
provide methods and procedures under which counties, cities and 
towns, or a combination of any two cr more of these units may 
frame, adopt, amend, revise and repeal their own charters, 



254 



No. 



DELEGA1E PROPOSAL 

126 - local Government 



subject tc a majority of the qualified voters vcting therecn. 

Section 5. POWERS CF LOCAL GOVERNMENT. Any unit of local 
government may exercise any power oi function which is net 
denied, either expressly or by clear implication, by its charter, 
is not denied to units of local government generally or to its 
class of local government, and is within such limitations as are 
prescribed by the constitution cr such limitations as the legis- 
lature shall establish by general law. The legislature may 
reserve this power to certain classes of local governments on the 
basis cf population. 

Section 6. LIMITATIONS ON LOCAL PCWEBS. The powers granted 
to local government shall net include the power (1) tc levy, 
assess and collect taxes except as delegated tc local governments 
by the legislature; (2) tc borrow money cr tc pledge or lean the 
credit of any local government unit; (3) tc enact private cr 
civil law governing civil relationships except as are incident to 
an exercise cf an independent municipal pewer; cr (4) to define 
and provide for the punishment cf a felcny. 

Section 7. INTERGOVERNMENTAL COOPERATION. Agreements, 
including these for cooperative or joint administration cf any 
function or powers, may be made by any unit cf local government 
with any other political subdivision, with the state, cr with the 
United States, unless prohibited by general law cr charter. 

Section 8. INITIATIVE, REFERENDUM, AND RECALL. The initia- 
tive and referendum powers reserved tc the people by the con- 
stitution shall be further extended tc the qualified voters of 
each county and city as applied tc the adoption, amendment, revi- 
sion, cr repeal of a charter and as applied tc legislation 
adopted by a local government ur.it. 

All elected public officials of local governments are 

subject tc recall by the voters cf the local government unit from 

which elected. Procedures and grounds for recall shall be pre- 
scribed by the legislature." 



INTRCEUCED BY: 



_Lucile_S£eer 



DELEGATE PEOPCSAL 
No. 127 - Hater Fights 255 



MONTANA CONSTITOTICNAL CCNVENTICN 

197 1-1S72 

DELEGATE EBCFCSAL NO. 127 



DATE INTBODOCEE: FEB. 3, 1972 



Referred tc Natural Resources and Agri- 
culture Ccsmittee 



A PBOPOSAL FOB A NE8 CONSTITOTICNAL SECTION FBOVIEING FOB HATEB 
BIGHTS. 



BE IT PBOPOSEE BY THE CONSTITOTICNAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Ccnstituticnal Section to 
provide as fellows: 

"Section . WATEB BIGHTS. (1) All existing rights tc the 

use of any waters in this state for any useful cr beneficial pur- 
pose are hereby recognized and cenfiraed. 

(2) All surface, ground, and atmospheric waters withir the 
boundaries of the state of Montana are declared to be properties 
of the state and subject to appropriation for beneficial uses as 
provided by law. 

(3) The legislature shall vest in ai agency of the execu- 
tive branch of state government, under laws which shall be pre- 
scribed by the legislature, the administration, control and regu- 
lation cf existing and future rights tc and uses of water." 

INTBODOCED EX: /s/ Carl B. Davis 

/s/ im Douglas Delaney Zg^_j°^?. a ', . Anderson^_Jr A 

ZsZ_H§aiI_§i^§£ils_ Z§Z_Don_Bebal 



256 



DELEGATE FFCPCSAL 
No. 128 - Board of Education 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE FF.CECSAL NO. 128 



DATE INTRODUCED 



FEE. 3, 197; 



Referred tc 
Committee 



Education and Fublic lands 



A PROPOSAL AMENDING ARTICIE XI, SECTION 11 OF TEE CONSTITUTION OF 

THE STATE OF MONTANA PROVIDING THAT TEN MEMBEFS OF THE ECAEE OF 

EDUCATION BE AEECINTED EY THE GOVEENOB AND ONE STUDENT REREEF EE 
SELECTEE AS PROVIDED BY IAW. 



BE IT 
MONTANA 



PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. Article XI, Section 11 of the present 
ticn is amended to read as fellows: 



Ccnstitu- 



"Sec. 11. The general control and supervision of the state 
university system and the various ether state educational insti- 
tutions shall te vested in a state beard of education, whose 
powers and duties shall be prescribed and regulated by law. The 
s a4 4 board shall consist cf eleven members, the -G**& 
€m~pe-Ei«-fee*4-e-B-fe— «#-£-« bi-ie— i«64f«e*-ie* 7 — and ■ attom « 
me a bege-e*— e-££4e4e-t— fehe- oth e r — e igh -%— 

agEe i n4«^ fe^> — %&* — €eve £R O t-j eqbj ec tt o th e- e - e - af ira a ti o 

se»a%e-r-«»4€f— fejte - E eg alat ioee aad - re c tr ictieftfr to be— 
4aw^ ten^J10^_tg_ te_aEp - ointed_by_the_Gcyernci^_subjec 

S2Sli£S2^i9S_§S^-£Sg-S§5^g£ . $Q. *?£ ^g, s * u i3gSl: .a£-CQ€ ^cf _the insti- 
tutions 29J[erned_ty_th€_boa^d_^€lected_ic_a_ncna££ci^ 

as_£rescribed_by_law i " 




INTRODUCED BY: Zs^_Ma€_Nan_Robinscr 
Z§/_Arly.ne_Rei chert 
Zs/_Mike_HcKeon 



/s/_Lucile_S£eer 

/s/ Bobert Vertillicn 



DELEGATE PROPOSAL 
No. 129 - Fecall 



257 



MONTANA CONSTITUTICNAI CCNVENTICN 

1971-1912 

DELEGATE EfiCPCSAL NO. 129 



DALE INTPODOCED: FEB. 



1972 



Referred tc General Government ard 
stitoticnal Airendtent Committee 



Ccc- 



V, 1 



A PROPOSAL 
THE STATE OF 



AMENDING ARTICLE V, SECTION 1 OF TEE CORSTITOTICN CF 
HONTANA PROVIDING FCE RECALL OF ELECTED OFFICIALS. 



BE IT PROPOSED 
MONTANA: 



BY THE CONSTITOTICNAI CONVENTION CF THE STATE OF 



Section 1. Article V, Section 
is amended to read as fellows: 



1 of the present Constitution 



"Section 1. 
£« — vested — -ir-ft-a— A-e-q-isl-a 
henee-ei - g ep c e s ea ta ^-i-veet— b-&4 The 
to propose laws, and to 



power 
polls, 
except 
lents, 

«H 



■es i s ti «g— < 

people reserve tc 
enact cr reject the 



th 

saa 



-s h a ll 

C C <3 I] V 

emselves 
e at the 
ney, and 
amend- 



except as to laws relating tc appropriations cf bo 
as tc laws for the submission of ccnstituticnal 

and except as tc lecal or special laws, a s e 
» V y se c ti on — *6-» — ej-th4e -eeset itMticn, independent of the 
legislative assembly; and also reserve power, at their cwn 
option, to approve or reject at the polls, any act of the legis- 
lative assembly, except as tc laws necessary for the immediate 
preservation of the public peace, health, cr safety, and except 
as to laws relating to appropriations cf meney, and except as to 
laws for the submission of ccnstituticnal amendments, and except 
as tc local cr special laws, ac- e ssm cE a t e d i a arti c l e V T — e e cti oa 
■S^r — e-f — th ie o o Bs%itation« tfce people .also reserve tq_ themselves 

tbg-ggS^E to.ggmove elected officials from cf f ice. The first 

power" reserved~by the people is the initiative and eight percent 
of the legal voters of the state shall be reguired to propose any 
measure by petition; provided, that two— fifths cf the whole 
number of the c ounti e s legislative ,d jstrict s cf the state must 
each furnish as signers of said petition eight percent of the 
legal vcters in such co unt ry district and every such petition 
shall include the full text of the measure so proposed. Initia- 
tive petitions shall be filed with the secretary of state, not 



258 



EELEGATE PF.CPCSAL 
Nc. 129 - Pecall 



less than four months before the election at which they are to be 
voted uccn. 

The second power is the referendum, and it may be ordered 
either by petition signed by five percent of the legal voters of, 
the state; provided that two-fifths of the whole number of the 
eee»*4es l§aislative_districts of the state must each furnish as 
signers of said petition five percent of the legal voters in such 
se«-fi*y T district^ or, by the legislative assembly as ether bills 
are enacted. 

Referendum petitions shall be filed with the secretary of 
state, not later than six months after the final adjournment of 
the session of the legislative assembly which passed the bill en 
which the referendum is demanded. The veto power of the Governor 
shall net extend to measures referred to the people by the legis- 
lative assembly or by initiative or referendum petitions. 



stat 

exce 

orde 

shal 

sign 

the 

stat 

as i 

been 

of v 

the 

be 

for 

seer 

and 

the 

espe 

orig 



fill 
e sh 
Ft 
r a 
1 s 
ed b 

who 
e, i 
t sh 

det 
otes 
fili 
the 
the 
etar 
all 

act 
cial 
inat 



election 
all be had 
when the 
special el 
till be i 
y fifteen 
le number 
n which ca 
all be pas 
ermined an 

cast for 
rg of any 

basis on 
initiative 
y of state 
other effi 
submitti 
ly provide 
ed by the 



s on 

at 
legis 
ectio 
n ful 
perce 

of 
se th 
sed u 
d dec 
Gover 
petit 
whic 
and 
; and 
cers, 
ng t 
d the 
initi 



me 
the 
lati 
n. A 
1 fo 
nt c 

the 
e la 
pen 
lare 
nor 
ion 
h th 
for 

in 

sha 
his 
refo 
ativ 



asur 
bie 
ve a 
ny 
rce 
f th 

w sh 
at a 
d as 
at t 
for 
e nu 
the 
subs 
11 b 
aae 
r. T 
e sh 



es 

nnia 
ssem 
seas 
and 
e le 

all 
n el 
pre 
he r 
the 
mber 
refe 
itti 
e gu 
ndme 
he e 
all 



refe 
1 r 

ure 

effe 

cal 

le 
be i 
ecti 
vide 
egul 
init 

of 
rend 
ng t 
ided 
nt, 
nact 
be a 



rred 
egul 

ty 

ref 
ct u 
vote 
3Jsl 
nope 
en, 
d by 
ar e 
iati 
lega 
urn s 
he s 

by 
unti 
ing 
s f o 



tc 
ar 

a ma 
erre 
nles 
rs c 
ativ 
rati 
and 
law 
lect 
ve c 
1 pe 
hall 
aie 
the 
1 le 
clau 
llcw 



the 
gene 
jori 
d t 
s su 
f a 
e_di 
ve u 
th 
. Th 
ion 
r re 
titi 

be 
tc t 
gene 
gisl 
se 



people 
ral el 
ty vcte 
o the 
ch peti 
major 
stricts 
ntil su 
e resu 
e whole 
last pr 
ferendu 
ons and 
filed w 
he peop 
ral la 
aticn s 
of eve 



of the 
ection , 
, shall 

people 
ticn be 
ity of 

cf the 
ch time 
It has 

number 
eceding 
m shall 

crders 
ith the 
le, he, 
ns and 
hall be 
ry law 



"Ee it enacted by the people cf Hcntana:" 

This section shall not be construed tc deprive any member 
of the legislative assembly of the right to introduce ary mea- 
sure. 

The third lower reserved_tc _t he people .is the recall, and 

Q§Sh. §Ag9ted_Eublic of f icial_of _thg_state_and of its ESlAilSill 

subdivisions is subject to recall by _jhe_vcters_cf _the_aj:ea~f j£oa 

which he.is elected, in the manner . pro videdby the legislature^ " 



INTBOCDCED EY: Z§Z_iiui_!Lt._iJail£* 



DELEGATE PPCPCSAL 
No. 130 - Public Libraries 



259 



BCNTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

EELEGATE PROPOSAL NO. 13C 



DATE INTEODOCEE: PEE. 3, 1972 



Referred to Education and Public Lands 
Comaittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING FOR THE 
ESTAELISEHENT OF PUBLIC LIBBARIES. 



BE IT PROPOSED BY THE CONSTITUTIONAL CCKVEKTICN OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . The legislature shall provide for the estab- 
lishment and support of public libraries which shall be available 
to all residents of the state." 



INTRODUCED EY: ^§^_Bae_ Sfn^Robinscn 
/s/ gike HcKeon 



DELEGATE PROPOSAL 
260 No. 131 - Voter Registration 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE PBCFCSAL NO. 131 



DATE INTRODUCED: EEE. 3, 1972 



Referred to General Government and Con- 
stitutional Anendoent Ccamittee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING EOR PCILING 
ELACE VOTER REGISTRATION. 



BE IT PROPOSED BY TBE CONSTITCTICN AL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . Prior registration shall net be a qualifica- 
tion for voting at an election in Montana. The legislature shall 
provide methods for establishing voter qualifications on elec- 
tion day at the polling places." 

INTRODUCED EY: ZsZ_£5£hn€_Bu3bee 

^s^_Jercffie J. Cate ^s^ _Arljne_ Feichert 

/s^_George_Har£er_ 



DELEGATE FFCPCSAL 
Nc. 122 - En viroriHienta 1 Eight; 



261 



KCNTANA CONSTITOTICNAI CCKVENTICN 

1971-1S72 

EE1EGATE EBCFCSAL NC. 132 



DATE INTFOEUCEE: FEB. 3, 1S72 



Referred tc Bill of Figbts Ccmsittee 

Referred to Natural Resources and Agri- 
culture Committee 



A PROPOSAL FOR A NEW ZONSIII OTICN AL SECTION EFOVIEIfcG FCF ENVI- 
RCNKENTAL RIGHTS. 



BE IT PROPOSED BY THE CCNSTITDTICN AI CCNVENTICN CF TBE STATE CF 
HCNTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . ENVIRONBENTAI FIGHTS. It shall be the obli- 
gation of all parties, governmental or private, tc maintain and 
enhance a high quality environment as a public benefit. Such 
governmental obligation shall apply tc all aspects of environ- 
mental quality including, but not limited tc, air, water, lands, 
wildlife, minerals and fcrests. The legislature must implement 
effective enforcement of this basic e tvircnmental right." 



INTRODUCED EY: /s/_Bob_Cam£bell_and_Ccn_Foster 

Z§Z_Harcld_Arbanas Zs/_Jereme_J i _Cat€ 

Zs^_C i _E i _McNeil Z£Z_ Jercme_T._Lcendorf_ 

Z§Z_£i£Siil_§Mli Zsz_£§§_!!§£_JL£bi.nscn 

Zsz_GS£rae_HaxE£I ZsZ_Gec^e_B.._H€liker 

Zs/_Lucile_S£eer ZfZ_l2iert_Ver million 

/sZ.Charles.Hi^Rahcnev. Z§Z_C._l;Cuise_Crcss^ 

ZsZ-JU-it-Studer^.Sri.. Zsz_Ly.le_fi i _Hcnroe 



262 



DELEGATE EFCPCSAL 
No. 132 - Environmental Sights 



ZsZ_££dor_E i _Arcnov 

Z§Z_Dcrcthi_|ck 

ZsZ_Harian_S. _Er dmann 
^s^_Jean_M i _Bowf an 



/ s / 


Een Berg 


/$/ 


Chet Blajlock 


/s/ 


Ctto T. Babedank 
Wade J. Dahccd 



DELEGATE PROPOSAL 
No. 133 - Employees' Bights 



263 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE PROPOSAL NO. 133 



DATE INTROEUCEE: EEB. 3, 1972 



Referred tc Bill cf Eights Committee 
Referred tc Judiciary Committee 



A PROPOSAL AMENDING ARTICLE III, SECTION 6 CF THE MONTANA CON- 
STITUTION Cf THE STATE CF KCNTANA TC PERPIT AN INJURE! PERSON 
FULL REMEDIES AGAINST ALL PARTIES MHC KAY EE LIABLE FOR HIS 
INJURY EXCEPTING HIS FELLOW EMPLOYEES AND HIS IMMEDIATE EMPLOYER, 
PROVIDED SUCH IMMEDIATE EMPLOYER PROVIDES COVERAGE UNDER THE 
WORKMEN'S COMPENSATION LAWS OF THE STATE CF MONTANA. 



BE IT ERCPOSED 
MONTANA: 



EY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 



Section 1. Article III, Section 6 cf the present Constitu- 
tion is amended to read as fellows: 

"Section 6. Courts of justice shall be open tc every 
person, and a speedy remedy afforded for every injury of person, 

property, or character; nc i perscn - £hall -i te.deprived_cf_this full 

legal_redress_f cr_i njury incurred in employment f or . which_ancther 

|erscn ma_ be liable except as to f ello_____lo_ees_an__his 

immediate employer who hired him if such imtpediate_eBp lc yer Epo- 
xides coverage under the Workmen* s Coapensatign_Laws_of_this 

state; and that right and justice shall be administered without 
sale, denial, or delay." 



INTRODUCED EY: ZsZ_JBob_Camc.be 11 
_________ R__Monroe_ 

_s__Jghn____Schilt_ 

Z_________JL__.__Js_.__ 

______________ cck_ _ 



_s_____o_e_J__Cate 

_________________ 

_______________________ 

_______ r_e_B___eli__r 



264 



DELEGATE PROPOSAL 
No. 13U - Local Gcvernnent 



MONTANA CONSTITOTICNAL CCKVENTICN 

1971-1S72 

DELEGATE FRCECSAL NO. V3U 



DATE INTRODUCED: EEB. 3, 1972 



Referred tc Lccal Government Ccasittee 



A PROPOSAL REPEALING ARTICLE XII, SECTIONS 15 ANE 16 AND AMENDING 
ARTICLE XII, SECTION 17 OF TBE CONSTITUTION OF THE STATE OF MON- 
TANA. 

BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article XII, Section 15 cf the present Constitu- 
tion which reads as fcllcws, is repealed: 

s h a l l ocnctitute- t he- c oe nty - b eard-ef-e§«a~14ga ti eB.- gh e- a g ti e6 — »f- 
«-»e-h — board -s hall ■ b e -- t o-ad j«6t - a a d e q u al ie o th o valaati o a - 

ticn i — The state- be ard o f e qualizati o n s hall b e G o a pee ed < 

■C Bberg who shall be appointe d b y th o Go v e^ 

advioo — a*d — ee as ea t — o f th o c onat e» — A Maj o rity o f t s h < 

and until hie s ucc ess or s hall hav e- been appointe d aa d - gaalifi o d . 
$_a — ga6 e - . ef — a vacancy the p e r so n ap p o inted to f ill e aoh vacancy 

oocHts i — ¥h-e — qu alifications — -a*-d — s ala r ies e f - t he - ae a b o re o f - th e 

vide d 7 h e w e v e tj that e qch ac a bers shall b e ■ se ■ eel ee tod that th e 

board will not be caapoood of — a e r e — t h an — t*e — po r se a s — who ar e 
affiliat ed — w ith — %&« — caae political party o r crga B i a atic at- pc e- 
vided y — f u rther ; 

-e*- 



oorvo — on or one e i any ooa a ittee - of any p o litical p arty o r orga 





NO. 



DELEGATE PRCFCSAI 

134 - Lccal Government 



265 



aiaa 4ieB T or -ta ke p a-Et-y- ei-theg-4iHE~6-et-l? — «-e — 4fl4iEe«tl? T — 4* a*-y 

p-e44-*4©*4 — e ae p aign — ia- — 4he — i**-eE-es*— ©4— a-By-pe4i*4ea4: — f arty — et 
o r g a n iaati o n o-e ■ caB 4i4a4e— £o r o f 44©«-r — T h e ■ s t ate-b©a-E4-©4 — e«^a4- 
4ea t i c n — &¥a44-a d j a st aad e€j B al4-ae— %be-valaa%4e-E- Gf ■ tanab le-- p-E©f>- 
et % -y - am ong — 4ke-ee y e E al— e©aB*4e-s-r— aa4 — t he - d iffereat — 6las6es — ©4 
taxa b l e — -p E o p o rty — ±-b — any co unt y -a~&4-4-B-- t4.e-ee«e E al- GQ BB t4 ec a a4 
- individu a l tan paye E6 y ■ s a per-viee— aa d r e v ie-w — tbe — a©4e — ©4 
j^e-B^y — aee e ee o-Ee- aB d — cou n t y -feeaE-ds— e4-e-g-aa44g ati e n i-€baa-©e y 

i^e-t — o r d e c E-easc val u ations B ad e — b-y — e©a«4-y a-es-eeee-s-e ©e 

eaa a ^-i e ed — b-y c o unty — fee aEd s ©4— e©aa44eat4e-B-j — a-B4-e l i e r e i ee -s a ck 

a uth o rity and d a- a ll th ing G noco cc ar y to co o -are a faiE-y—jaet — a-a4 

e^a^^^fe^ — valaati o n — ©4 — a44 — tax able p *e^e«4y — a-^e-ft g ■6€« Rt i©€ T 

b e tw ee n t fee -di ife E eR-fe- o la cs es — ©#-- p-Eope Ety -y- aed - tetw-eeB—J-adiv idu al 

t aipay oro i — S aid ctato b o ard ■ o -s - equal i sati o n eba44 ale e ha-ve e-aeb 

otfe o t po iccc; an d p e rf o r a sa-6b~e4ke-s-4-a4i©o re lati n©-4e — ta « a t ie« 

it— m a If h ^ —OX* < 
d B HI Q T f C px" 



Section 2. Article XII, Section 16 cf the 
ticn which reads as follows, is repealed: 



present Constitu- 



"Se€r-44r A44 pr O p C Tt 

seE4-be4 — 4>y — law c x ©ef4 — a-e— ie — ©4 

fe i O B i Th e-4ga-B€b4-6e~r~E-©a4 

a l l r a ilro ad e-o pcc a4e4— 4 b «o r c 4fea-E 

s4»a44-be- aoc cosed by - th e-s tat 

s*a44 be ap po tti © B €4 — te- th e € © a f i * i e g 

p eE t i ea-to t h e saa b er o4-«41 
©4ties j t o wae y-to wne h i pe-a-B 



C G 6€d 4-B— i 

4ed in- t h ic^ c e<H5ti4-a— 

44e— a-e4- r o lling etcck cf 

•6-e© — set int v i-B — 4h4-€ — &ta*e 



H»a4~iga44o n ai 

> fi l.' n f ^ fluach i or 

. V i n c | t t? ^» n e n x p o 

>4«— ag € - lo c a t ed?— i-E — P-f-e— 
--4a44 — i n e ach — 66ti B ti€e T 

?4©4S-rJ» 



Section 3. Article XII, Section 17 of the present Constitu- 
tion is aaended to read as fellows: 

"Sec. 17. The word property as used in this article is 
hereby declared tc include moneys, credits, tends, stocks, fran- 
chises and all Batters and things^ - (r e al ? — ?e*?e«-Ba-l — a-s4 — a i j t e d f 
s a p a fele — e£-p Ei ^a4©~ &w-B-e-E6*4p y -ba4-4-B46 ■ ch all n et be ■ G © n s4Eae4-6© 
ae- t© aa tho r i a e- t he t ax a ti e a - o f th e etoc k c of a ny c oap any cr ccr 
p-e-Ea ti o n wh e p - ta e p r o p e Et ?-©4—&B€a-eGii pa fi-y~©E— co rp o rati o n — -E-e©*©— 
se ated b y -6 B 6 h 6t©6 k s-4-e with in t h o ct a te afl 4 -4a«— bc^ 



INTRODUCED EY : /.s/._ftank_kzness 
/s/ Chet_Blav_lcck 



266 



DELEGATE PRCFCSAI 
No. 135 - Public lands 



ECKTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE PROPCSAI NO. 135 



DATE INTRODUCED 



EEE. 3, 1972 



Referred tc Natural Pesources and Agri- 
culture Conisittee 



XVII, 1, 2, 3 



A PRCFOSAL AFENEING ARTICLE XVII, SECTION 1 ANE REPEALING SEC- 
TIONS 2 AND 3 OF THAT ARTICLE OF THE CONSTITUTION OF THE STATE CE 
MONTANA PROVIDING FOR THE EXCHANGE OF PUEIIC LANDS. 



BE IT- 
MONTANA 



PROPOSED BT. THE CCNSTITUTIC KAL CONVENTION OF THE STATE OF 



Section 1. Article XVII, Section 1 of the present Constitu- 
tion is amended to read as follows: 

"Section 1. All lands of the state that have been, or that 
nay hereafter be granted to the state by congress, and all lands 
acguired by gift or grant or device, from any person or corpora- 
tion, shall be public lands of the state, and shall be held in 
trust for the people, to be disposed cf as hereafter provided, 
for the respective purposes for which they have teen ot aay be 
granted, donated or devised; and none of such land, ccr any 
estate or interest therein, shall ever be disposed of except in 
pursuance of general laws providing for such dispcsiticn, ncr 
unless the full narket value of ^he estate or interest disposed 
of, to be ascertained in such wanner as way fce provided by law, 
be paid or safely secured to the states. Any_gf ,.§gid_lands way 
ke^e^c^anged fgE_gther lands« public or_Egivate < ,which„are_ equal 
iii valug^agd as„closely_as_pgssible equal in area^ nor chal.l -aa-y 

pr e ocri be d ) — be-d i e-p-ee od o£y eio o pt in the Ba nner and - i e r a* le a ct 

■frl\Q - pjricQ nroccri bad- i ft - fr tio . 
t€£h 

" J— *■! 




T -^ ■* ^ ** 



DELEGATE EFCFCSAL 
No. 135 - Putlic Lands 



267 



la»4s — «ay — -fee — se-ci^eei-E-ie-d — -wfee BeveE ? — fe-y — ieaeefl-el- 4fi€-t oa ec 4 
#a-ei4iEie-6 — E«E-i*Ei-fa^i«*-e^-eEfeeE%a-ee T --Efee-y— -e-fe-a-fei — fee-e-e-fe-geeE — -fee 
44-iE-eEe«E-e-*aeH3-i-§-E6a t i o « » " 

Section 2. Article XVII, Section 2 cf the present Constitu- 
tion, which reads as fellows, is repealed: 

-ugooi — i-r — ¥ h e lan ds — 64— E-fee — E iret - e t ea 44 cl a g see-«a-y-fcc ee l 4 
e-E — ■!«-*« e-d t — e«4e r £ « e h — E-eiee — a»d-E€-e«-l»Ei«-R«-a€— »ay— fee—pEeecEifeed 
by lawi — Ih o lan de-e-E— fefe-e— second cl a ee-gay— be — B-e-1-d-r— qe— -Ehe-E- i afe e E 
Ehe E e c -B— »a- y b o c o ld/ — a^-deE- e a ch E«4ee— a-ftd-Eeq^aE-teBe-ae — *ha-y — te 
pE Qec ri be d — fey — ^a w -»-ihe— a^E4«-fr*E « E al -± aBd e «<ay— fce-eiE-feeE-ee-l-d— eE 
le ae €d r -ma4e-E— e^ch — E «l es aa d- Ee-qq-labEe^g-ae-gay-fee— E-Eee€EEfee4 — -fe-y 
■ la« » — ¥-fee — l a ad e — e-£ — tfe e-ieurfch ■ cla-fe€— efea-l-l— be— eelrd— eb— alte E B at e 
l«4fi- €J ' not — »«*«— Eh-a« — fiv e — aere s -eae-fe-y — a-e4— set ■ iere - t h an o n o- h al:# 

of a a y oae trac -E— eE— 6«efe-l^ Bd s sh a-H— fee— ee-14— pe4«e — %e — -Efee y-ed-f 

«Be— Efeegga- a d b e-bo h q n d re -d- a ad-be-B — (4-S4-^"» iI 

Section 3. Article XVII, Sectice 3 cf the present Constitu- 
tion, which reads as follows, is repealed: 

iLgee-r-4-r — Aii — e ta e r public l a nd c » a y fc € - d i e-pe-se-d— e-f — i- 
■a-a-Bfle i ac -«a y fcc pEe?^ded-fey-4ra*H»"M 



INTRODUCED EY: Z§^_Car l_Hi_Da vis 
/s/.Hax Concger 



DELEGATE EFCFCSAL 
268 nc. 136 - Parliament 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE ERCECSAL NO. 136 



DATE INTEOEUCEE: FEB. 3, 1972 



Referred to Legislative CoBBittee 
Referred to Executive Committee 



A PROPOSAL FOR A NEW CONSTITUTION AL ARTICLE PROVIDING FOR 
PARLIAMENT. 



BE IT PROPOSEE BI THE CONSTITUTIONAL CONVENTION CF THE STATE OF 
MONTANA: 



Section 1. LEGISLATIVE POSER. The legislative power of the 
state shall be vested in a Parliaaent consistirg cf cne chamber; 
but the people reserve to theaselves the initiative, including 
the right to amend this Constitution, and referendua powers. 

Section 2. MEMBERSHIP. The nuaber cf aeabers cf the 
Parliaaent shall be prescribed by law but shall consist cf net 
less than 100 nor aore than 11C. The state shall be divided into 
as aany districts as there are aeabers of the parliament and each 
district shall elect one member. 

Section 3. TERM AND QUAIIFICATICNS. Meabeis of Parliaaent 
shall serve a term cf four (4) years. One-balf cf the aeabers 
shall be elected every two (2) years. No person shall be a aeaber 
of Parliaaent who is not a gualified voter of the state and who 
has net resided in the state for acre than one (1) year next 
preceding his election. 

Section 4. SESSIONS. Parliaaent shall convene the first 
Monday of February of each year and shall continue until adjourn— 
Bent. It aay reconvene at any tiae at the reguest of a aajority 
of Parliaaent. 

Section 5. EXECUTIVE. Parliaaent shall cheese a leader froa 
aaong its aeabers and that leader shall assume the executive 
authority of the state and shall provide for the prcper adminis- 
tration of the laws of the state. The leader shall appcint a 
cabinet who shall assist the leader in directing the efforts of 
the departments of executive authority. 



EELEGATE PBCPCSAL 
No. 136 - Parliament 



269 



Section 6. DISSOLUTION, (a) At any time during a parliamen- 
tary session, the leader may call for a dissolution of 
parliament. Upcn a majority vote pursuant tc this call, the 
parliament shall be dissolved and new elections shall be held 
according tc law. 

(b) At any time during a parliamentary session, a majority 
of the members of parliament may call for dissolution of the 
parliament. Dpon a two-thirds (2/3) vote, pursuant tc this call, 
the parliament shall be dissolved and new elections shall be held 
according to law. 

Section 7. PROCEEDINGS. A majority of all cf the memters of 
Parliament shall constitute a guorum to do business but a smaller 
number may adjourn from day to day to compel the attendance cf 
absent members. Parliament may establish committees for the con- 
duct of business and all committee meetings shall be open to the 
public and adeguate public notice shall be giver in advance of 
such meetings. Members of minority parties shall be appointed tc 
committees by their own leadership in proportion to the numerical 
strength of said party. 

Section 8. EECCRDA1I0N. Parliament shall have the power tc 
determine the rules cf its proceedings and shall publish a jour- 
nal cf those proceedings. Dpon the final disposition cf any 
question the ayes and nays must be recorded if reguested by any 
twc (2) members. 



Section 9. Any powers not specifically reserved herein 
granted to the Parliament. 



are 



INTBOEOCEE EI: ZsZ_£2t€rt_Lee_Kelleher 

^s^_Paul_K i _Harlow 

/§/ . Biles. Bo mne; 

^s/__Do£cthx_Eck 

/s/ Edith_Tan_Buskirk 

/ e s£ Katie ^ Payne 

^s/_Js._K._«ard 

/s/ A. W T Kaahoot 

/s/ Jean .M. . Bowman., 

^s/_Carmap Skarj 



^s^_Georae_E A _Heliker 

Zs^_Lucile_S£eer 

/s^_Ljrle_B A _Honrce 

^s^_Harold_Arbanaj> 

/s^_Gene_Ba£bau3h 

/s/_¥irginia_H t _ Blend 

Z§/-5 a £J9f if .£§,^5 

/s/ Richard J.Champcni 

^s/_Bcbert_Vermillion 



270 



DELEGATE EFCPCSAL 
No. 136 - Parliament 



ZSZ_Ge0r3f._W_j_Rcl.liDs 



/si 8. H. Swanberq 



DELEGATE PROPOSAL 
No. 137 - Employment Eenefits 



MONTANA CONSTITUTIONAL CCNVENTICN 

1971-1S72 

DELEGATE PROPOSAL NC. J37 

DATE INTRODUCED: FEB. 3, 1972 

Referred to Judiciary Committee 

A PROPOSAL FOR A NEW CONSTITUTION AL SECTION PROVIDING THAT UNEM- 
PLOYBENT AND INDUSTRIAL ACCIDENT EENEFITS EE APPLIED CONSIST- 
ENTLY, WITHOUT REGARD TO THE TYPE OF EBFLCYHENT. 

BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. There shall be a new Constitutional Section tc 
provide as follows: 

"Section _. Unemployment compensation, industrial acci- 
dent benefits and any other benefits to which a wage earner is 
entitled shall te available on an equal basis tc all wage earners 
regardless of the nature of their employment." 

INTRODUCED BY: ZsZ-SiJSS—ScKecn 



DELEGATE EFCPCSAL 
272 No. 158 - MiniBUB Wage 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

EELEGATE FFCECSAL NC. 138 



DA1E INTRODUCED: FEB. 3, 1S72 



Referred tc Public Health, Welfare and 
Labor Cciriittee 



A EROPOSAL FOR fl NEW CONSTITUTIONAL SECTION FECVIDING FOR A 
MANDATORY MINIMUM WAGE LAW. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Ccrstit oticnal Section to 
provide as fcllcws: 

"Section . The legislature shall provide for a lirisuni 

hourly wage which shall apply without exception to all persons 
employed within the state." 

INTRODUCED BY: ZSj£_Mi]£e_McFeon 
^s^_Dan_W_ t _Har£in5ton 



EELEGATE PBCPCSAL 
No. 139 - State Institution: 



273 



KCNTANA CONSTITUTIONAL CCNVENTICN 

197 1-19*72 

EELEGATE PRCPCSAL NC. 139 



DATE INTBODUCEE: EEB. 3, 1972 



Referred to General Government and Con- 
stitutional AHerdient Committee 



A PROPOSAL FCB A NEH CONSTITUTIONAL SECTICN PROVIDING THAT 
PBESENT STATE INSTITUTIONS HAY NOT EE BEMOVEE EBCfi THEIE PRESENT 
LCCATICNS. 



BE IT PBOPOSEE BY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as follows: 

"Section . No state institution, agency or office Bay te 

moved from the city or town in which the institution, agency cr 
office is located at the time of the adoption of this Constitu- 
tion." 



INTRODUCED EY: ZS/_Bike_HcKecn 



27-4 



DELEGATE PROPOSAL 
Nc. 140 - Legislative Article 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE EECFCSAL NO. 14C 



DATE INTRODUCED: FEB. 4, 1972 



Referred to legislative Committee 



A PROPOSAL FOR A NEH LEGISLATIVE ARTICLE 



BE IT PROPOSED EY THE CONST ITDTIONAI CChVEKTICN OF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Constitutional Article to 
provide as fellows: 

"ARTICLE 

TEE LEGISLATURE 

Section 1. LEGISLATIVE POWER. The legislative power of the 
state shall be vested in a legislature consisting cf a senate and 
a house of representatives; tut the people reserve to themselves 
the power cf initiative and referendum. 

Section 2. CCKFOSITICN. (1) The number cf members cf the 
legislature shall be prescribed by law but the senate shall con- 
sist cf not more than fifty (5C) nor less than thirty-five (35) 
and the house of not more than ore hundred (100) nor less than 
severty-five (75) . 

(2) The state shall be divided into as many senatorial dis- 
tricts as there shall be members of the senate and each district 
shall elect one (1) senator. All senatorial districts shall te 
so nearly egual in population as is practicable. 

(3) Each senate district shall also serve as a house dis- 
trict for the election cf twe (2) members of the house of repre- 
sentatives. Each district may be divided into single member hcuse 
districts as provided by law. 

(4) Every legislative district shall consist cf compact and 
contiguous territory. 

Section 3. TEEM AND QUALIFICATIONS CF MEHEERS. 



DELEGATE PKCPCSAL 
No. 11C - Legislative Article Z1 ° 



(1) Members of the legislature shall be elected ty the 
qualified vcters cf the district. Representatives shall be 
elected for a term cf two (2) years and senators fcr a tern cf 
fcur (<4) years. Cne-half (1/2) cf the senators shall be elected 
every two (2) years. No person shall be a Berber cf the legis- 
lature who is net a qualified voter of the district. The term 
shall begin at the time of certification. No senator ce repre- 
sentative, during the tera fcr which he shall have been elected, 
be appointed to any civil effice under the state. 

(2) A vacancy in the legislature shall be filled for the 
unexpired term as provided by law. If nc prevision is made, the 
Governor shall fill the vacancy by appointment. 

Section 4. CCBPENSATICN . (1) Each member of the legis- 
lature shall receive an annual salary and such allowances as nay 
be prescribed by law; provided that nc legislative asseably shall 
fix its own compensation. 

(2) A salary ccaaission shall be created by the legislature, 
to establish legislators' ccapensation. 

Section 5. PBIVILEGES CF BEHEEBS. The leibers cf the legis- 
lature shall in all cases, except treason, felcny, violation of 
their oath of office and breach of the peace, be privileged froa 
arrest during their attendance at the sessions of their respec- 
tive houses and in going to and returning frca the saae; and for 
any speech or debate in the legislature they shall net be ques- 
tioned in any ether place. 

Section 6. SESSIONS. (1) Ihe legislative asseably shall 
meet at the seat cf governaent the first Hcnday in January next 
succeeding the general election. 

(2) At the written request of a majority cf the total mea- 
bers cf both houses, the presiding officers cf both hcuses shall 
convene the legislature in special session. The Governor may con- 
vene both houses in special session. (Special sessions shall be 
liaited to a period of thirty (30) days.) 

Section 7. PBOCEDDBE. Except for the following, each house 
shall have power to determine the rules cf its proceedings and 
discipline its aeabers; and with concurrence cf two-thirds (2/3), 
to expel a aeaber: 

(1) A aajority of each house shall constitute a qucrua tc do 
business, but a saaller nuaber aay adjourn frca day to day, and 
coapel the attendance of absent aeabers. 

(2) Neither house shall, without the consent of the ether, 
adjourn for aore than three (3) days, ncr to any other place 
than that in which the two (2) houses shall be sitting. 



EELIGATI PROPOSAL 
276 lie. 140 - Legislative Article 



(3) Each house shall choose its officers and shall te judge 
of the elections, returns, and qualifications cf its members. 

(4) The sessions cf each house and all committee meetings 
shall be open tc the press and public. 

(5) Each house shall publish a journal cf its proceedings, 
and the ayes and nays of any question shall te entered en the 
journal at the request cf any two (2) meirters. 

Section 8. BI11S. (1) No law shall te passed except by bill 
and no bill shall te so altered or aoended en its passage through 
either house as to change its original purpose. 

(2) No till shall become law unless referred tc a cemmit- 
tee, returned therefrcm, and copies prcwided fci member's use. 

(3) No bill, except general appropriation bills and tills 
for the ccdificaticn and general revision cf the laws shall te 
passed containing more than one subject. 

(4) The general appropriation tills shall embrace nothing 
but appropriations for the ordinary expenses cf the legislative, 
executive and judicial departments cf the state, interest on the 
public debt and for public schools. 

(5) No bill shall become a law except ty a vcte cf a majcr- 
ity of all the members present in each house; nor unless the 
names of these voting be entered on the journal; and no law shall 
be revised, amended or extended, unless the revised, amended cr 
extended part is re-enacted and published at length. 

Section 9. RESTRICTIONS ON LEGISLATIVE P08EE. (1) The 
legislature shall net pass local or special laws where a general 
law is or can te made applicable. 

(2) Except as otherwise provided in this constitution, no 
law shall extend the term cf any public officer. 

(3) No appropriation shall be made for charitable, indus- 
trial, educational cr benevolent purposes tc any person, corpora- 
tion or community not under the absolute control cf the state, 
nor to any denominational or sectarian institution or associa- 
tion. 

Section 10. IMPEACHMENT. The Governor, executive officers, 
heads of principal departments, judicial officers and such other 
officers as may be made subject to impeachment by law may be 
removed from office upon conviction of impeachment. 

The legislature shall, by law, provide for the manner, 
procedure and causes for removal by impeachment and may select 
itself as tribunal. 



DELEGATE E5CFCSAL 
Nc. 14C - Legislative Article ~ 77 



No convicticr. fcr iitpeachment shall te made except by a vcte 
of two-thirds (2/3) or more of the ireibers of the tribunal hear- 
ing the charges. 

Such convicticr. shall cnly extend to removal frcm cffice and 
disgualif ication tc held and eEjcy any cffice under the state, 
but the Farty, whether convicted cr acguitted, shall alsc he 
liable to prosecuticn according to law. 

Section 11. REFERENDUM AND RECALL. The people may propose 
and enact laws by the initiative, includirg constitutional amend- 
ments and approve cr reject acts of the legislature by refer- 
endum. 

(1) Initiative petitiors sust be signed ty eight percent 
(8*) cr more of the legal voters in each of cne-fcurth (1/4) or 
mere of the legislative districts and the total number cf signers 
must be eight percent (8%) cr trcre cf the (tctal legal) voters cf 
the state. Each petition must contain the full text cf the pro- 
posed measure aDd shall be confined tc cne subject. Petitions 
must be filed with the secretary cf state tbree (3) Berths cr 
more prior to the election at which they will be voted upon. 

(2) A referendum may be ordered by the legislative assem- 
bly, cr upen petitions signed by eight percent {8%) cr acre cf 
the legal voters in each of cne-fcurth (1/4) or more of the 
legislative districts and the tctal number cf signers must be 
eight percent (8%) cr mere cf the tctal legal vcters cf the 
state. Petitions must be filed with the secretary of state no 
later than three (3) months after adjournment cf the legis- 
lature . 

(3) All measures referred to the pecple shall be voted upon 
at the regular biennial election unless a special election is 
ordered by the legislature. 

(4) Measures referred tc the pecple are in full force and 
effect unless suspended by petitions signed by fifteen percent 

(15%) or more of the (legal voters) in each legislative district 

and filed with the secretary cf state. The measures suspended 

become operative if approved by a aajcrity cf the (legal vcters) 
at an election. 

(5) The number cf legal vcters fcr each legislative dis- 
trict and for the state is determined by the votes cast for 
Governor in the regular election immediately preceding filing cf 
petitions for initiative or referendum. 

(6) The Gcverncr does not have the power tc veto initiative 
or referendum measures. 

(7) The initiative shall net be used tc make or repeal 



DELEGATE PECPCSAL 
278 He. mo - Legislative Article 



appropriations or to enact local or special legislation. The 
referendum shall not be applied to appropriations, to local or 
special legislation or to laws necessary for the immediate 
preservation of the public peace, health or safety. 

(8) All elected public officials in the state are subject 
to recall by the voters of the state or political subdivision 
frca which elected. Procedure and grounds for recall shall te 
prescribed by the legislature. 

Section 12. APPOR1IONHENT. In the session preceding each 
federal decennial census a reapportionment commission shall be 
established by the state legislature. The commission will have 
the power to reapportion if the legislature fails to dc so within 
sixty (6C) days of the first day of the first (1st) session after 
the census enumeration. The commission's apportionment plan shall 
be filed with the secretary of state. The commission shall be 
balanced geographically and politically. Legislators may serve on 
the commission but shall not be in the majority. 

(1) Any person aggrieved by the preliminary plan shall have 
thirty (30) days to file exceptions with the commission in which 
case the commission shall have thirty (30) days after the date 
the exceptions were filed to prepare and file a revised plan. If 
no exceptions were filed within thirty (30) days, or if filed and 
acted upon, the commission's plan shall be final and have the 
force of law. 

(2) Any aggrieved person may file an appeal from the plan 
directly to the supreme court within thirty (30) days after the 
filing. If the appellant establishes that the final plan is con- 
trary to law, the supreme court shall issue an order remanding 
the plan to the commission and directing the commission to reap- 
portion and redistrict in a manner net inconsistent with such 
order. 

(3) Hhen the supreme court has finally decided an appeal 
taken, the reapportionment plan shall have the force of the law 
and the districts shall be used thereafter in elections to the 
legislature until the next reapportionment is reguired. 

Section 13. EHEBGEHCT LEGISLATION. The legislature, in order 
to insure continuity of state and local governmental operations 
in a period of emergency resulting from a disaster caused by 
enemy attack may enact laws: 

(1) To provide for prompt and temporary succession to the 
powers and duties of elected and appointed public officers who 
are killed or incapacitated. 

(2) To adopt other measures that may be necessary to insure 
the continuity of governmental operations. Such laws shall be 
effective only during the emergency that affects a particular 



DELEGATE PFCPCSAL 
No. 140 - Legislative Article 



279 



office or governmental operation, and such laws Bay deviate frca 
other provisions of the Montana Constitution." 



INTBCCUCEE EY: Z=Z_2SlC€_Eat €S 

^s^_Charles_fK_Kahcrey_ 

^s/_Torrev._Jchnscn 

Z-Z-UiliS-IiSiiart 

/s^_Harjcrie_Cain 

^s^_A i _i_._Katthcct 

/s/_Ecd_Hanscn 

/si R. J..Studer f Sr. 

^s^_Arnold_H i _Jaccbsen^ 

/s/.Jchr, _H. Anderson^ Jr. 

^s2_C_._Louise_Cross 

^s/_Henrv._Siderius 

^s/_Bett^_Eabcock 

^s/_Hffi i _H i _Artz 

ZsZ-ISiS^-iEJJSIS 

/s/ B. Drisccll 



Z§Z_Sil§f _§2sii££^ 

^s^_R_._A i _Nuttin2 

Z£^_Llcy.d_Barnard 

< /s^_John_fl i _Schiltz 

/s^_J A _K A _Hard 

^s^_J i _Mason_Relvin 
^s^_Geor2e_H i _Jaoes 

^s^_Erv_Gxsler 

^s^_Bax_Conc ver 

^s^_Don_E._Eelcber_ 

^s^_Thc»as_K -t _Ask 

Z§Z_Cedor_E i _Aroncw 

^l/-Sterling_Rv i gg 

Z§^_P£¥g23§-£il§£g2 



280 



DELEGATE EECFCSAL 
Nc. 141 - Legislature, Salaries 



MCN1ANA CONSTITUTIONAL CONVENTION 

1S71-1972 

DELEGATE EFCECSAL NC. 1U1 



DA1E INTRODUCED: EEB. «, 1972 



fieferred tc Legislative CcBffittee 



V, 5 



A PROPOSAL AMENDLNG ARTICLE V, SECTICN 5 OE THE CONSTITUTION OF 
THE STATE OF MONTANA PROVIDING FOR LEGISLATIVE SALARIES. 



BE IT PROPOSED EY THE CONST ITOTIONAI CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. Article V, Section 5 of the present Constitution 
is amended to read as fellows: 

"Sec. 5. -Saeh — «e-»b-eg-e# -t-b-e-f i tst ■ leg ie Jia-%4-»e-t 

a oogf^-sea-tic R - f e € -kie- Ge rvic ee-e^-a-tl ee e e i ^e — si-* — 4~el4a4 

e a c h d a y * 6 ' a%t -e-B4a~free-y— a-frd— t wo n ty cent e fo r e ach aile ne c ei 

%ea v e l e4-4-B-q o i n q — t o - an d £etH £«i fl^-4g««-^^e ee at - ef - g o v e rn Be at ' to 

h ie ■ r e oi do nc c b y th e u c ually %-ea^e le d- rew t o »- a nd - sh all— e< 

e^-he c ocg p o n e a 44^B T p r erc q u i6i %e 7 - eE -allc w a ne e -whatsee y e ir 



•Ne — eeeeie-B — e4 %-he — -leg i s lativ e 

«-h4eh-»ay-bo nin oty day c» ohall € n ce«d-s4*< 



^tet- the-# ir e%-] 



-A44e^- %h e-iit64-s< 



r— fe-he— ee-»-pe«eafe-ic B - ef - th e - ae a fcCE S — «•# 
-■be- a G pr e ? i d e4-by ■ la»-|— ^c^ yid o dy 
:y-eha l 4- ji« — i%€-o wn ■ ccap e« eati e-B»- 



J_1j_ I§gh_aegler of the_legislature shall receive_an annual 

salary and ex£ense_allowance_as_£rovided_b y__law . Nc legislature 

ma.2_f ix_its_cwn_cog£ensation i 

J2]_ lh£_leaislaiive_salarj_shali_te_at_least two thousand 

five hundred dollars ($2 f 500) a fcienniuB ii agd_the_eggense T- allow r 

a nee s h all _bf_ at. least, twenty dollars ($2 0) a_day t _The_salar3[_anI 

g*Bgg§§-Il99£g~ , °! a Y_)? e adjusted fc Y a §alajry__ccB«issicn estafc— 

1 ift'€d_ b^_ the _ legislature . w 



INTRODUCED EY: Z§Z_Grace_Bates 



DELEGATE PECPCSAL 
Nc. 1*4 1 - legislature. Salaries 



281 



Zs^_Nnu_H r _Artz 

/s/ Chet Elaylcck 



/s/. Llcjd Barnard 



282 



DELEGATE PBOPOSAI 
No. 142 - Board of Public Education 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1872 

DELEGATE FBCFCSAL NO. 1«42 



DATE INTECCDCED: EEB. 4, 1972 



flef erred 
CCEBittee 



to Education and Public lands 



XI, 11 



A PBOPOSAI AMENDING ABTICLE XI, SECTION 11 OF TBE CONSTITUTION OF 
THE STATE OF MONTANA PBCVIDING THAT A EOAEC OF POEIIC EEDCATICN 
SDFEBVISE THE PUBLIC SCHOOLS ARC A SEPABATE BOABD OF REGENTS 
GOVEEN THE MONTANA UNIVEBSITY SYSTEM; THAT THE TiC ECABDS MEETING 
JOINTLY BE CALLED THE STATE EOABL OF EDUCATION AKD ELECT THE 
STATE SUPEBINTENDENT OF PUBLIC INSTBUCTICN AND THAT TEE FUNDS CF 
THE UNIVERSITY SYSTEM BE INVESTED EY THE ECAFD CF BEGENTS. 



BE IT PBOPOSFD 
MONTANA: 



BY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 



Section 1. 
ticn is amended 



Article XI, Section 
to read as fcllcws: 



11 of the present Ccnstitu- 



univercity — a-ad — fe-be— v-ag ieo e e t he r - st a t e- e d acati «B al- - iB6ti>oti o nc 
duti e s — shall — be ■ p r esc ri bed and c e qui at e d b y l a w * — t h e -sa id board 
ont of — publi c inctr uo t io fl y aad - attoin o y g e noral y b e i «g ■ cabe r e en 

4-Va„ *-^^j-i»»laA--i ^n g , a n H. ror^ri rfr i qbc. h o — fa fl — crcy idpfl h v lay. 

\„ II \~ ' tuuu 3d T, X T^ D C SHU LUUlllUUXUllU W U t pL V T 1QI>U "UJ X.\M w w 

JJX The_c[eneral control and supervision of the__pgblic 

schools of the state of Montana .sbaj^be^yested .in^a board cf 

public education, jL whgse^pgMgrs_and -- duties shall ,be prescrited_and 

regulated - .bY_lai;, t . The septets of the, board_shall_ be selected as 

prcTided_herein_. 

J 2} The government and .ccn^icl cf _the academic, financial 

and_adninistrative affairs of the Montana University Syst ea shall 

kg_y^sted_in .a_b^ard^_gf _regen£s £ „Mhc £ hall be selected as jifc 

vided here in _. The_regents^ghaj.l .have the. power, and^it, shall be 



DELEGATE EFCPCSAL 
No. 142 - Eoard cf Public Education - M 




J3). The board_of_£ublic_educat ion_and_the_board_of .regents 

shall each consist of eight [8} JS§.!5.L§rs Jt serving terjs whose 

length shall be , prescribed by law. Pegbers of both boards shall 

fag-.^££ c ?;P^§^,-fej-^^g-§2Z§££2£x subject l£ SQUliEJiation fel the 

senate. 

J4J lh€_state.suEgrintesdent_cf_fublic M instructionsfaallbe 

elected by aaiority yote_of_th€.toard_of_Eublic_educaticn and the 

board of regents, fife ting together as the_State„Bcard_cf _Edu- 

cation a _lhe_suEeri pten dent shall be solely responsible tc and 

shall serve as chair fan of _bc^th_b£ards_and_shall_serve_at_the 

£leasure_of_the_State_Ecard_of_Education i n 

Section 2. There shall be a new Constitutional Section tc 
provide as follows: 

"Section . The various funds cf the university systea 

shall forever reiain inviolate and sacred tc the purposes for 
which they were dedicated and shall be invested as deteroined by 
the board of regents." 

INTBCEOCED EI: Z§Z-Tool€ 



284 



No. 



DELEGATE PROPOSAL 
1*43 - free Futlic Education 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE EECPCSAL NO. 1 14 3 



DATE INTECDOCEC: FEE. 4, 1S72 



Referred tc Education and Public lands 
Committee 



XI, 1, 6 



A PROPOSAL ECF A NEW CONSTITUTION AL SECTION CCEBINING SECTIONS 1 
AND 6 OF ARTICLE XI OF THE PRESENT CONSTITUTION. 



BE IT PROPOSEE EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . It shall be the duty of the legislative 

asseably of Montana to establish and maintain a general, uniform, 
and thorough system of free public education open tc all persons 
of such ages and gualif ications as may te established by law." 

Section 2. Article XI, Section 1 of the present Constitu- 
tion, which reads as follows, is repealed: 




Section 3. Article XI, Section 6 of the present Constitu- 
tion, which reads as follows, is repealed: 

E4-6h-al4- 
fei-y- 

r^ r\ r\ w\ 

uuun 

to- maiat a in a p ubliGy i 



INTRODUCED EY: ls£_Toqle 





DELEGATE EECFCSAL 
No. 1U4 - Kerit Systes 



285 



MONTANA CONSTITUTIONAL CCt-VENTICN 

1971-1972 

DELEGATE FFCECSAL NO. 1U4 



DA1E INTEODUCED: EEB. 1, 1S72 



Eeferred tc General Governaent and Con- 
stitutional Anecdnient Committee 



A PROPOSAL FOR A NEW CONSTITUTION AL SECTION EEC?IDING FOP A BEFIT 

SYSTEM. 



BE IT PROPOSED BY THE CONSTITUTIONS! CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as follows: 

"Section . HEEIT SYSTEM. The legislature shall establish 

a system under which the aerit principal will govern the eaploy- 
lent of persons by the state." 



INTRODUCED BY: /s/_3ercae - T. _Lcgndgrf 



286 



EELEGATI PECPCSJL 
No. 145 - Employees' Eetireiert System 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE EBCECSAL NO. 145 



DATE INTBOCDCEC: EEB. 4 , 1972 



Referred to Judiciary Committee 



A PROPOSAL ECR A NEW CONSTITUTIONAL SECTION PROVIDING THAT 
MEMBERSHIP IN AN EMPLOYEES' RETIREMENT SYSTEM IS A CONTRACTUAL 
RELATIONSHIP. 



BE IT PROPOSED EY THE CONSTITDTICNA L CCNVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fcllcws: 

"Section . Membership in any employees' retirement 

system cf the state or any political subdivisicn thereof is a 

contractual relationship, the accrued benefits cf which shall not 
be diminished cr impaired." 



INTBOEOCED EY: Z§Z_J§I2I€_Xa_I2§2££I:! 



DELEGATE PROPOSAL 
No. 146 - Board cf Regents 



287 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE EBCPCSAL NO. 1 «46 



DATE INTRCCDCED: FEE. 4, 1 S72 



Referred to 
Ccnaittee 



Education and Public lands 



A PROPOSAL ABENEING ARTICLE XI, SECTION 11 OF TEE CONSTITDTION OF 

THE STATE OF flONTANA PROVIDING FOE A TWEIVE BEBEER ECARE OF 

REGENTS TO BE AEPOINTEE EY THE GOVERNOR FROS NOMINEES SELECTED EY 
A J.OBINATING CCBBITTEE. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OP THE STATE OF 
BCNTANA: 



Section 1. Article XI, Section 11 of the present Constitu- 
tion is amended to read as fellows: 



"Sec. 11. The 
university systea a 
tutiens shall be 
whose powers and du 
The sai4 board shal 
6 ov e 

una g^pQra 1 K n 4 nn 

t h e r eo f — s hall fe« 



£ina_ter«s x _two_j2}. 
nor_shall_aj>£oint_e 
no«inatin£_coifitte 
f.iye (5]__BeBl^ers_se 



general control and supervision of the state 

nd the various ether state educational insti- 

vested in a state beard cf e d w e at ie a regents, 

ties shall be prescribed and regulated ty law. 

1 consist cf e l e v ea twelve_JJ2], aeBbers? th-e 

«*4 ea % e f - EB fe lic inctrwetiocy — aa ^ att O E 

*pp^4»*e d - by the Cc vemcty - ewb j ec t t o the cob ■■ 
E - the e e gul a ti e a e — a«4 — g e etrictioce 
who shall serve for sii (6) Yearcverlap^ 
Bgaters'^o be appointed each year^_Ihe Gcver- 

ach^BeBbe^ilSI-S-iili-Sl-U^IS^-Si^liiiS^-^I-l 

e , T he ncainatinq coBBittee shall c ensist cf 

ry^ng two . j2} year_terBS_as_f ollcwsi 



Jl]_ Three_j31_citizens_arjci|[ted_fcy_the_€ ducat icn_ccB§ittee 

or ccaaittees cf the .legislature! 

J2J One (U professor frog the flcntana nniyersity_systea 

select ed_as_Eroyided_by._law i 

(31 One stndent_f roB_the_flontan.a_un^e£sitj_sj^t€j;_s€^€Cted 
as p rovide d_bv_2aw. w 



DELEGATE FfiCPCSAI 
288 No. 146 - Ecard cf Regents 

INTROEUCED EY: Z§Z_£ag hne_Eu5bee 

ZSZ_£2£2iiiI_l£i Z§Z_i3se_NaE_Ecbii3scE 

/s^_Marjgrie_Caic Z§Z_Iied_J i _nartin 

^ s^_ J c h n _H A _ To c le 



DELEGATE EPCPCSAL 
Nc. 147 - Political Party Delegates 



■Mi 



ECNTANA CONSTITUTIONAL CCKVENTICN 

1S71-1S72 

DELEGATE PRCPCSfll NC. 147 



DATE INTFODUCED: EIE. 4, 1972 



Referred to General Government and Con- 
stitutional A nerd meet Committee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING THAT DELE- 
GATES TO NATIONAL NOMINATING CONVENTIONS EE CHOSEN AT A EFESI- 
DENTIAL PRIMARY. 



BE IT PROPOSED BY THE CCNSTIT L1ICN AL CCNVENTICN OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . Delegates and alternate delegates selected to 

represent political parties at the national presidential vesicat- 
ing convention shall te chosen by a vote cf the people at a 
presidential primary election to be provided fcr by the legis- 
lature. " 



INTRODUCED EY: Zs^_Je£OB€_J i _Cate 

^s/_Arlv.ne_Feichert 

^s^/ Geoffrey, L 1 _Brazier 



/s^_Harcld_ArtaDas 

^s/Dan_W.., Bar ring ton 



DELEGATE PROPOSAL 
290 No. 1*4 8 - Employment Fights 



MONTANA CCNSTITUTICKAL CONVENTION 

1971-1572 

DELEGATE PROPOSAL NO. JU8 



DATE INTRODUCED: EEB. 4, 1S72 



Referred to Public Health, Welfare and 
labor Committee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING FOR FULL 
EMPLOYMENT OF AELE EODIED PERSONS. 



BE IT PROPOSED BY THE CONSTITUTION AL CONVENTION CF THE STATE CF 
MONTANA: 

Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section _. The state and its political subdivisions 
shall be the employers of last resort, and shall provide to those 
involuntarily unemployed employment consistent with their depend- 
ency and ability tc work." 

INTRCECCED EY: ZSZ_«225i£h_FU_McCarve i 

ZsZ_5li_lii_A£tz ZS i ^_D i _A^_Scanlin 

ZsZ_Georae_W i _Rcllins_ ZS^-Charles^i^M^honej 

^s^_Arnold_fc i _Jacotsen /s/ Peter ?Pete^_ Icrello 

Zs/_Vercnica_Sullivan_ ZlZ_Idith_Van_Buskirk 

/s^_H i _H i _Swanbera ZSZ—SaS^-jLt-Jilfeooil 



DELEGATE PROPOSAL 
No. 149 - Probate Court Systea 



291 



MONTANA CONSTITDTICNA1 CCNVENTICN 

1971-1572 

DELEGATE PROPOSAL NO. 149 



DATE INTRODUCED: EEB. 4, 1972 



Referred to Judiciary Ccaaittee 



XX, 4 



A PROPOSAL AHENDING ARTICLE XX, SECTION 4 OF THE CONSTITUTION OF 
THE STATE OF HONTANA PROVIDING FOE A FRCEATE COURT STSTEB. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONTENTION OF THE STATE OF 
HONTANA: 



Section 1. Article XX, Section 
tion is aaended to read as felloes: 



4 of the present Constitu- 



" Sec . 4 • f a ee pt — a« — h e r e in — otherwise provided; th e w o rd 

"di a trict " o hall b e ■ Gabctit a ted a n d re a d — i* — li es — e-i — t*« — word 
"p robate" — i-e — th e t e eac " p r o bat e court" or "probate ju d g?" when - 
ever th e sai€ oooai in th e lawo e f - - the - t e nit e ry e f - Hontana y »*4 

a-H — caid — lawo — which — b y - th e ir terac apply tc probate c o ast s b e 
probate jadg ee shall, e acept ae in — thi s — e e a e titati e a - otherwico 

p r e sid e d y a pe n - a - change fr e a t e sti te iial to ctate goT e raaeatj — b-e 

dco ae d a n d tahea t e apply - h e district coartc — and - di s tract — judqcc i 
provi de d, that - all lawo — all o wi n g — f e es — to — probat e — lo d ge s — a*o 



h er e by — r e p e aled . There is a probate court systea with 
tricj coort systea to be presided ever by district co 

for. po extra fee or salar y^ The legjslature.shall^ pr 

pensive and rap id procedu r es for probating and ad 
SSilteSi" 



lp the, d4 £ ~ 

nrt jodges 

c ; i de me i- 
■inistering 



INTRODUCED BI: /s/ Bike HcKeon 



DELEGATE EECPCSAL 
292 Nc. 150 _ people's Advocate 



MONTANA CONSTITUTIONAL CCKVEKTICN 

1971-1S72 

DELEGATE PROPOSAL NC. J5C 

DATE INTRODUCED: EEB. «4 , 1S72 

Eeferred to legislative Committee 



A PROPOSAL FCE A NEW CONST ITUTIC NAL SECTION PROVIDING FOB THE 
CFFICE CF PEOPLE'S ADVOCATE. 



EE IT PROPOSED EY THE CONST ITUTICNAI CONVENTION OF THE STATE CF 
KCNTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . PEOPLE'S ADVOCATE. 1. The majority and minor- 
ity leaders of the legislature shall appoint a People's Advocate. 

2. The People's Advocate shall: (a) initiate or receive 
complaints from citizens concerning administrative, judicial, ci 
legislative actions which might be contrary to law, unreasonable 
or unfair, inefficient or unclear, improperly nctivated or based 
on irrelevant or arbitrary findings of fact, or otherwise objec- 
tionable . 

(b) have the power to investigate and inspect all govern- 
mental premises, meetings, and records; to issue subpoenas; and 
to demand full cooperation of government officials and ethers in 
his investigations. He may advise or censure officials, suggest 
changes in pclicy and procedure, refer alleged violations of laws 
to the attorney general for further investigation, and recommend 
to the legislature possible changes in the law. 

(c) receive the same emoluments as an associate justice of 
the Supreme Court. 

(d) hold office for a maximum of three five (5) year terms 
and be dismissed only by a two-thirds (2/3) vote of the legis- 
lature. " 



INTRODUCED EY: Z§Z_J?oti.li_L.§€_K€lleher 



EILEGATI EECfCSAL 
No. 15C - People's Advocate 



293 



/si Cprgthy, £ck 



■ H M 



DELEGATE EECPCSAL 
No. 151 - Fights cf Indians 



MONTANA CONSTITUTIONAL CONVENTION 

197 1-1572 

DELEGATE FBCFCSAL NO. 151 



DATE INTRODUCED: FEE. <4, 1 S72 



Beferred tc Bill cf Eights Committee 



A PROPOSAL FOR A NEW CONSTITUTIONAL SECTION PROVIDING FOE THE 
RIGHTS OF INDIANS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION CF THE STATE CF 
BCN1ANA: 

Section 1. There shall te a new Const itut icra 1 Secticn tc 
prcvide as fcllcws: 

"Section . RIGHTS OF INDIANS. The state cf Hcntana for- 
ever disclaims all right and title tc Indian lands lying within 
the boundaries cf the state. The Indian tribal rights of self- 
government and cultural autonomy are hereby recognized; accord- 
ingly the state shall pass nc law assuming jurisdiction over 
Indian tribes without a referendum cf the adult enrolled Berbers 
on the reservation cf the affected tribe." 



INTRODUCED EY : /s/ iii Lyle_B^_ Hon roe 

^s/_D. _ A. _Scanlin 

^s/_Ro be rt_Ver Billion 

^s^_Frank_Arness 

^s^ Carman .Ska ri 



^s/_Jdith_Van_Buskirk. 
/£/. Ea e Nan .Robinson,. 
^s^_Arlyne .Reichert 



DELEGATE EFCPCSJIL 
Nc. 15 2 - Military Affairs 



295 



MONTANA CONSTITUTIONAL CCl^VENTICN 

1S71-1S72 

DELEGATE EEICECSAL NC. 152 



DATE INTEODUCEC: EEB. U, 1572 



Referred tc General Government ard Con- 
stitutional Anendirent Ccmnittee 



A FRCECSAL TC REPEAL ARTICLE XIV OE THE CCKSTITCTION OE THE STATE 
CE KCNTA&A. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OE THE STATE CF 
KCNTANA: 



Section 1. Article XIV of the preseEt Constitution, 
reads as fellows, is repealed: 



which 



*iii?**¥~ A**A5££ 

■S ection — }-r — ¥he ail it -ia e^- t -he e t ato o f K o n -tafl a - s -hall-eeft— 

eisfe— e-i — aii— afele— be-d-ie4 — t a le c i t iE e-e-e— a-i— the — e-ta-te — ke-tw-ee-s — -the 
a-fe-e-e ^ -e i -g ht e ea <1 8-) — a-a-d—ie^y — i-i-ve — (4^) — ya at e me l Hei v o y -e « eef ■% 
s-aeh — p er soBe — a-s — gay ■■■fee-e n e a p tod — by th e la w e -ef the etate o r cf 
the -Ba-i^ed- Stat €e«- 

Se-6 ti oo 2 « £he- l eg46lati-»e- ae-eeafe ly - s-ha41 — ^e-wide — fey i~a* 

£e-E the — o rgaaigati e n r e q ui pee a t T -aa4-d-iH5e4f4a~Be — e4— the- « ilit 4a T 

and shall a ak o -g ul e s an d r e-g^-latie-a-e— £e £ ' th e — qe-ve En ae a t — ei tfee 

&a~a-e-r — £ h e e -gga-a ie ^ ti o n o hall c o nf cE-e-a-6-aea^ly-as — p-ea-eti e afele— te 
the r c galation g-fo r the ^ e ¥ er c ic «4- 64-the-a e g i es — &4 — the — Wa it e d 

■Se cti o n — ^ ¥h-e — i e ga\ e la~t4-»-e — an 

f o r a ainta jb»-^a~9— tfee— aaV^t ia y- fe y - appE e-p Eaa taVe-ae— #fe< 
e£ the ctatc-r 

Soc ti en ■ 1i — ?he le-gaVe-la-taHPe — aec e afcly — e-fea-t l -p E6¥ ade - by- la « 

f or - th e— eaf e — k eep i ag e f th o ■ p u bl 4-e-a£~ff& T ~ aaV14ta-Ey— t c eerd 6 7 — te-liee 
t ers e-£-the-6-tate-» 



See-tar©*—-? 

I^qxcI atiuQ. a c ccahl I 



> ■ Ge vei -BO E - e h ali -r — w4-feh-the-e6fleej 
-eat-ei-t-fae- sta te in ti ae o f -waf-j— -at — t-fce 



296 



LELIGATE FBCFCSAL 
No. 152 - Military Affairs 



-fee^ — ©4 — d*-y-#iii*d^— 4«$e«— %-fe^-te^^-, — be — ehall contiB ne-6-ea«a-R4eg 



INTBCDDCEC EY: ZSZ.Mik e_HcKecn 
/s^_Jercne_T i _Lcendorf 

/s i /_|;a€_Nan_Fobinscr! 



Zs i /_Eofc_CaB£bell 
Z§Z_£cE_Fcster_, 



EELEGATE EFCFCSAL 
Nc. 153 - State Institution: 



297 



MONTANA CONSTITUTIONAL CCMENTICN 

1971-1972 

EELEGATE EFCFCSAL NC. 153 



DATE INTFOCOCEI: EEB. <4 , 1972 



Referred tc Bill of Fights CcmBittee 



A EBCFOSAL FOB A NEW CONST ITUT IC 1>A1 SECTION IN THE EILL OF BIGHTS 
TC FBCVIEE FOB FEEF CABE AT STATE INSTITUTIONS. 



EE IT ERCPOSEE EY THE CONST ITUTIC NAI CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall be a new Cccstit ctional Section in 
the Eill of Bights tc provide as follows: 

"Section _. Nc person shall te charged a fee when he cr 
she is an innate of a state institution nor shall his or her 
fanily be charged a fee." 



INTBCDDCED BI: ZSZ_I§2id_U^oll an d 
^s^_nike_McKeoE 



298 



DELEGATE PPCFCSAI 
Nc. 154 - (Withdrawn) 



PCNTANA CONSTITUTICNAI CONVENTION 

1S71-1S72 

EELEGATE PROPCSAl NC. 15«4 



Introduced by Elaylcck 
withdrawn before intrcducticn 



DELEGATE FFCPCSAL 
No. 155 - Probate Administrator 



299 



MONTANA CONSTITUTIONAL CCNVENTICN 

1971-1S"/2 

DELEGATE FFCPCSAL NC. 155 



DATE INTRODUCED: EEE. 4, 1972 



Referred to Judiciary Ccrcniittee 



A PROPOSAL FOR A NEW CONSTITUTION AL SECTION PROVIDING FOR A PPC- 
EME ADMINISTRATOR IN EACH CCDNTY. 



BE IT PROPOSED BY THE CONSTITUTION A I CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Ccr.stitut icna 1 Section to 
provide as fellows: 

•'Section . PROEATE ADKINISTF AICE . The district judge 

shall appoint in each ccunty cr judicial district a protate 
administrator who is an attorney admitted to practice law in Mon- 
tana. The prctate administrator shall assist county or judicial 
district citizens in prorating or adocinister ing estates. The 
legislature shall set the salary of the prcbate administrator." 



INTRODUCED EY: ZsZ_i££hie_C._H i Isc r 

^s/_A i _W. _Kamhgct 

ZS^_Geor5e_H A _Rcllj.rs_ 

^s/_Henrj_Siderius 

^s/ _ Charles. H. .Mahcney 

^s^_Fod_Hanscn 

Zs^_Erv_Gy_sler 

/s/ Tcrrey Johnson 

ZsZ_R i _F i _WccdBarsey p 



^s^_Edith_yari_EuskirjK 

^s^_J_._K^_fcard 

^s^_Ecuglas Delaney 

^s^_F i _S._Hanson 

^s/_Earl_Eerthelson 

^s < ^_M i ._Lynn_Srarks 

ZSZ_Max_Conover_ 



300 



DELEGATE PROPOSAL 
No. 156 - Elections, Sheriffs 



MONTANA CCNSTIIOTICNAL CONVENTION 

1971-1S72 

DELEGATE EFCEOSAL NC. 156 



DATE INTRODUCED: FEE. 4, 1972 



Referred to Local Government Committee 



XVI, 5 



A PROPOSAL AMENDING ARTICLE XVI, SECTION 5 OF THE CONSTITUTION OF 
THE STATE OF MONTANA PROVIDING FOR ELECTICN OF SHERIFFS. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. Article XVI, Section 5 of the present Constitu- 
tion is amended to read as fellows: 

"Sec. 5. There shall te elected in each county -%&« — £eii<M»- 

i *w i £? i~\ *^ t\ to u t ^ 4r & i r n re .mL ^ '"'k^l l p cccQCf? fr 1> ^ aiial i f lratiflttC £ £i it r; u f „ 
X 11 *4 U U U 11 I T UlLlvtt'D 'Vtlv" Unail UVCtJCCD THI^^TItlXT x-xcacsunu lul u u i. ■" 

fr a g e — f^e- coribod by oo otion 2 of-actic l e IX -e f thiG oc n etitu tio a 

b nt ' 4jOUfl^T^O^ftOCw' - wilCj tillQxx ' fife 1 ©A€17R'"OE — t H€^ JS Cs LQ Ut ■■ ■ \i OUfl 1 V 

60 BBicci o n e r G and —e g — e f - f - ie ie — r€ oe €d e f ; one sheriff who_is .23 
years of aqe.or .elder. and, gessesses acy_other_gual4f i cati ens cre- 

tai es T p g ev id e4 T — tha t - th e -ec unty ^te ae Ht e t r - e h all - aot bo eligi b l e 
e ^ -e e hee-ls-f— «fi« -ee-u-s^ y eu Ev e y e t i — e*e — asis e eeo E \ ■ « ne CQEon e ci e*e 

ttqivq IB" ifllfi 6 60cl6R"6fio!ix ' bOJlu v tucx £"c€c|!€€Til'T€ ' © 1 1 A © © G ivi liflO 

^e-e» of f o ur — &) — year cy-a fld - until th e i r — Ewc e cfote — a*e — el ec ted 
eo unty a ay y — in it c dicGretioBj G eaee li d at e-afi y -- t we -o r ae r o o f th o 

iu t i or nt f ho 

"k««-ei 




DELEGATE PRCECSAL 
Nc. 156 - Elections, Sheriffs 



301 



bea g -d e-i-6-e«»%'y-€€«»46 6 i«-B^€e— 6J)^4^y - ei* — (4>—«8e«4hs-p gie*-%€— -t-h-e 

^e-B^ ral o l oo ti ea he l d — f o r th e-p«f p eee-e^-e^Gt i c-q — -M»« — af OE ceaid 
o f f iG e e, — ga-fce— and c Btet-^fl-frt4e-E 7 — ee»fe-i»i*^-a*Y-%#e — (if- e-g-»et-e 
o f t he — withi n - na ae d - e f f i ceo , a a-d-shalr-l-&a*H5-e-*-he— ea-i4-o rd er t o — fee 

pu b lish e d in a— «e w£ pape-g y -p «fel-i-she d " a »4-€4^G«4~afee4-9«nega3r-ly — -h» 

Gaid — G €«fit y » — #e~E — a — pcrie d -e-ii-s-ig— f6f— »ee-fcfe— ne »t #e44»wifr9— fehe 
)#- cai d o r 4e-g-» " 



INTBCCUCfD BY: ZSZ-Ji-^llSE-IiiliS 



302 



DELEGATE EFCPOSAL 
No. 157 - liqucr Monopoly 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE PROPOSAL NO. 157 



DATE INTRODUCED 



FEE. «, 1972 



Referred to General Government and Con- 
stitutional Amendment Committee 



A PROPOSAL FOB A NEW CONSTITUTIONAL SECTION PROVIDING THAT TEE 
STATE SHALL NOT ENGAGE IN COMPETITIVE BUSINESSES SO AS TO CREATE 
A MCNCECLY AND MUST CEASE THE LIQUCR EUSINESS EY JULY 1, 1975. 



BE IT PROPOSED EY TEE CONST ITUTIC N A I CONVENTION OE THE STATE OF 
MONTANA: 



Section 1. Ther a shall te a new Ccnstituticnal Section to 
provide as follows: 

"Section . The state of Montana shall never monopolize 

what would otherwise be a competitive business. The legislature 
shall provide that the state of Montana cease the business of 
buying and selling liqucr before July 1, 1975." 



INTRODUCED EY: ZiZ_l2rrey_ Johnson 

^s/_Lyle_R i _Konroe 

Z§Z_ A. _»._£§.§. he ct_ 



ZlZ_Geora.e_H_._ James 



CELEGATE FFCECSAL 
No. 158 - Legislature 



303 



MONTANA CONST3TUTIC&A1 CCKVENTICN 

157 1-1 972 

CELEGATE PROPOSAL NC. 156 

DATE INTBOCOCEE: FEB. H , 1972 

Beferred tc Legislative Ccmttittee 



A PROPOSAL FCB A NEW" CCNSTITOTIC SAL SECTION FROVIEING FCR A 
CCNFEFENCE COMMITTEE REPCET RULE. 



BE IT PROFCSEE BY THE CONST ITUT IC NAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . The legislature shall adept and use joint 

rules. One rule shall require that each report of a conference 
coffiittee ccntaiD a lucid explanation of ccffuittee recommenda- 
tions and be duplicated and distributed tc each legislator 
twenty-four (24) hours before action Bay te taken en such 
report. B 



INTPCDOCED EY: /s^_Miles_RcBn€ v. 



304 



DELEGATE PRCPCSAI 

No. 159 - Supreme Ccurt 



fCNTANA CONSTITUTICNAI CONVENTION 

1971-1972 

EELEGATE PRGPCSAl NC. 159 



DATE INTEOEUCEE: PEE. 4, 1972 



Fef erred tc Judiciary Ccmmittee 



A PRCECSAL FOR A NEK CONSTITUTICNAI SECTION EECVIDING THAT TF.E 
SUPREME COURT CANNOT EECLAEE CEETAIN ACTS OE PARIIAKENT DNCCN- 
STITCTICNAL. 



BE IT PROPOSED EY THE CONST ITUTIONAI CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall fce a new Const it uticDal Section to 
read as fcllcws: 

"Section _. The Supreme Ccurt Bay net declare any act cf 
parliament unconstituticnal except insofar as it may violate the 
rights cf an individual." 



INTRODUCED EY: ^s/_Robert_l€€_K€lle her 



EELEGATE PRCECSAI 
Nc. 16C - Eights cf Employees 



:-;(ir, 



KONTANA CCNSTITOTICNAI CCNVENTICN 

1971-1S72 

EELIGATE EECECSA1 NC. UC 



DATE INTECDUCEE: EEE. 4, 197 2 



Referred to Bill cf Rights Ccsnittee 



A PBCFOSA1 FCB A NEW CONSTITUTION AL SECTION EFCVIDING FCF THE 
BIGHT Of EHPIOYEES. 



BE IT FRCPCSEE BY THE CONST ITOT ICNAI CONVENTION CF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as follows: 

"Section . RIGHTS OF EKILCYEES, Nc esplcyer shall deny 

or infringe en the rights cf employees tc participate in the 
political prccess." 



IN1BCD0CED EY: lsl_lile_E^_tqnzoe 

^s^Rod Sanson 

/s^_Rachell_K A _Kans field 
/s/ Ecb Caapbell 



/g/ Veronica Sqllivan 
^s^_George_H_._Ja«es 



306 



DELEGATE PROPOSAL 
Nc. 161 - Taxation, Finance Article 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE FFCFCSAL NO. 161 



DME INTRODUCED: FEB. H, 1 S72 



Referred tc Revenue and Finance Committee 



A PROPOSAL 
FINANCE. 



ECR 



NEW CONSTITUTIONAL AFTICIE CN TAXATION AND 



BE IT PROPOSED 
MONTANA: 



EY TEE CONSTITUTIONAL CONVENTION OF THE STATE CF 



Section 1. There 
provide as fellows: 



shall be a new Constitutional Article tc 



"ARTICIE 



TAXATION AND FINANCE 

Section 1. The necessary revenue for the support and 
maintenance of the state shall te provided by the legislative 
assembly. 



Section 2. The power cf taxation 
dered, suspended or contracted away. 



shall rever te surren- 



Section 3. Property cf the United States, the state, coun- 
ties, cities, tewns, school districts, municipal corporations and 
public libraries shall te exempt from taxation, but any private 
interest in such property may be taxed. 

Section 4. There may be exempt frcn taxation property used 
for agricultural and horticultural societies, for educational 
purposes, places for actual religious worship, hospitals and 
places of burial not used or held fcr private or corporate 
profit, institutions of purely public charity, evidences cf debt 
secured by mortgages of record upon real or personal property in 
the state cf Montana, household goods and furniture, wearing 
apparel, and other personal property used by the owner for per- 
sonal and domestic purposes and money, credits, bonds, and 
stocks . 

Section 5. All property in the state cf Montana which is to 



NO, 



DELEGATE PRCFCSAL 
161 - laxaticn. Finance Article 



307 



be taxed shall be assessed in the Banner prescribed ty law. 

Section 6. The legislative assembly shall enact the neces- 
sary laws to insure strict accountability of all revenue received 
and all money spent by the state, counties, cities, tcwr.s and 
municipal corporations within the state. 

Section 7. Appropriations by the legislative assembly shall 
net exceed anticipated revenues during any budget pericd." 



INTBCDOCEC E 1 : /S^_Felt 

^s^_ Je an_ W A _E o w man 

Z§Z_5U§§Sl-Qi.^£Dcncuah_ 
^s^_Jercme_J i _Cates 



^s^_Conald_F_._Foster 
/s^_Dave_K_._Erujr 



308 



Nc. 



DELEGATE PROPOSAL 
162 - Environment Article 



KCN1ANA CONSTITUTICNAI COKVENTICN 

1S71-1S72 

DELEGATE PROPOSAL NC. 162 



DATE INTEODUCEE: EIE. U, 1972 



Referred tc Natural Resources 
culture Coiririttee 



and Agri- 



A PROPOSAL FCE A NEW CONSTITUTION AL ABTICLE CI THE ENVIRONMENT. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OE THE STATE CF 
MONTANA: 



Section 1. There shall be a new Cccstit uticnal Article to 
provide as fellows: 

"ARTICLE 

ENVIECNMEN1 



Section 1. THE PUBLIC TRUST. The state cf Montana shall 
maintain and enhance a high guality environment as the public 
trust. Such obligation shall apply tc all aspects of environ- 
mental quality including, but not limited tc, air, water, land, 
wildlife, minerals, forests, and open space. The scle beneficiary 
cf the trust shall be the citizens cf Mcntana, *ho shall have the 
duty tc maintain and enhance the trust, and the right tc enforce 
it by appropriate legal proceedings against the trustee. 

Section 2. CITIZEN SUIT. Citizens of the state shall have 
the right tc prctect the quality environment by appropriate legal 
proceedings against private entities. 



Section 3. 
prcvide by law f 
legislation as may 
trust. 



LEGISLATIVE PESPCN SIEILIT Y. The legislature mu 
or the implementation and enforcement cf su_ 
be necessary to more fully protect this public 



st 
ch 



Section 4. EMINENT DCMAIN. Private property shall not be 
taken, damaged, cr the use thereof impaired for public use with- 
out prior payment of just compensation to the full extent cf the 
loss. Prior to the condemnation of any such land the individual 
shall have the right to a judicial determination as to whether 
the contemplated use is a necessary and public use. 



DELEGATE EFCFCSAI 
No. 162 - Environ Bert Article 






Section 5. PUELIC USE. The highest cf public uses cf any 
property within the state shall te only these uses ccrsistert 
with a high quality environ Bent ; accordingly private and public 
efforts at the preservation of environmental 1 y significant lands 
shall te a public use." 



IN1ECLUCEC EY: Zs^_C i _lcu_ise_Cr ess 

^s^_Jean_M i _Eowffan 

ZSZ_ ££££££_ E"2^S§_ 



Z§Z_Mae_Na|;_Rct insc r 

^s^_Jerc§e_J i _Cate 

^£/_Gecrge_Harp_er 



310 



DELEGATE FECFCSAL 
No. 163 - Individual Bights 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S12 

DELEGATE PROPOSAL NO. 163 



DATE INTRODUCED: FEE. 4 , 1972 



Referred to Judiciary Committee 



A PROPOSAL FOR A NEW CONSTITUTION AL SECTION EECVIDING FOR THE 
RIGHTS OF PERSONS COMMITTED TO STATE FACILITIES. 



BE IT PROPOSED BY THE CCNST ITUT ION AI CONVENTION OF THE STATE OF 

MONTANA: 

Section 1. There shall re a new Constitutional Section to 
provide as fellows: 

"Section . RIGHTS OF CCPEITTED. The state, recognizing 

its obligation, shall establish and maintain a system of fair and 
humane facilities whose aim shall include care, custody and 
treatment with the ultimate goal cf rehabilitation where fea- 
sible. Persons committed to such facilities shall retain all 
rights except these r.ecessarily suspended as a condition of 
commitment. All rights necessarily suspended shall be restored 
upon termination of the state's responsibility. " 



INTRODUCED EY: ZsZ_l£rcnica_Sullivari 

Z§Z_Iii.£i!! a ~§_Ii_Jo.y,ce 

/s/_Geor2e_H i _ James 

ZsZ_Chet_B lay lock 

^s/_Carman_Skari 

ZSZ_Grace_Eates 



/s^_Kade_J i _Dahocd 

^s/_Ha£ian_S i _Erdmann 

^s^_Paul_K i _Harlcw 

^s^_Ly!e_R t _Monroe 



NO. 



DELEGATE FFCPCSAI 
164 - Nonpublic Education, Furcing 



311 



KCMANS CONSTITUTIONAL CONVENTION 

1971-1S12 

DELEGATE PRCFCSAL NC. 164 



DATE INTFODUCED: FIE. 4, 1S72 



Eeferred to 
Committee 



Education and Public Lands 



XI, 8 



A PPCPCSAL AMENDING ARTICLE XI, SECTION 8 CF THE CONSTITUTION OF 
THE STATE OF MONTANA TO PROVIDE THAT THE SECTION NOT APPLY TO 
FEDERAL FUNDS FOR NCNPUELIC EDUCATION. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE CF 
MONTANA: 



Section 1. Article XI, Section 8 cf the present Constitu- 
tion is ascended to read as follows: 



city 

shal 

from 

land 

ian 

semi 

inst 

or d 

fund 

cati 



"Sec. 

, tew 
1 ever 
any p 
s or 
f urpes 
nary, 
it utio 
encmin 
s_admi 
cn."~ 



8. Nei 
n, or 

make di 
ublic fu 
ether pr 
e, or to 

college 
n, ccntr 
ation wh 
nistered 



ther t 
school 
rectly 
rd or 
cperty 
aid i 
, uni 
oiled 
atever 
_bl.th 



he leg 
dist 

or ir. 
ocneys 

in ai 
n the 
versit 
in who 
• Thi 
e stat 



islative as 
rict, cr ct 
directly, a 

whatever, 
d cf any ch 
support cf 
y, cr cth 
le cr in pa 
s_secticn_d 
e_f or_the_£ 



seably 
her pu 
ny app 
cr na 
urch , 
any 
er li 
rt ty 
ces_nc 
ur^cse 



, nor a 
flic co 
rcpriat 
ke any 
cr f oi 

school 
terary , 
any ch 
t_app.ly 

cf ncn 



ny cc 
rporat 
icn , c 
gran 
any se 
, aca 
scien 
urch , 
_to_f e 
public 



ur.ty, 
ions , 
r pay 
t cf 
ctar- 
demy, 
tif ic 

sect 
deral 

edu- 



INTRCDUCED BY: ZiZ-GSfiS-Mltauah 



312 



DELEGATE FFCFCSAI 
No. 165 - Individual Fights 



MONTANA CONS1ITCTICNA1 CONVENTION 

197 1- IS 12 

DELEGATE ERCPCSAI NO. 165 



DATE INTFCDOCEE: FEE. 1, 1972 



Referred tc Eill of Fights Committee 



III, 4, 27; XI, 8 



A PRCFCSAL AMENDING ARTICLE III, SECTIONS 4 ANE 27 AND REPEALING 
ARTICLE XI, SECTION 8 OF THE CONSTITUTION CF THE STATE CF MONTANA 
PROVIDING FOR EQUAL PROTECTION CF THE LAW AND PROHIBITING SUPPORT 
OF RELIGIOUS ACTIVITIES BY TAX LEV? CF PROPERTY GRANT. 



BE IT ERCPOSEE 
MONTANA: 



EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 



Section 1. Article III, Section 
ticn is amended to read as fellows: 



4 of the present Ccnstitu- 



"Sec. 4. The free exercise and enjoyment cf religious 
profession and worship, without d iscr isriraticc, shall forever 
hereafter be guaranteed, and no person shall te denied any civil 
or political right or privilege en account cf his opinions con- 
cerning religicD Ti n o t- t h e liberty o f c op ecie-Bee — h e r efey — S €csg e4 

c - hall »«4 — -ke — e^ae t r u e d t o ii epe B6 «- with e at h6-e e - a -i^jrgca t - i o aey 

gicugc acts cf lice ntiQ ue n o cc i - ty fei«a»e«s — «-i pclyga a oue — »*£- 

ElsQ C | ' ' C L ■ CtfiGLHluGi "Ct ■ TtiSt A I T ■ EiaUtlCiJij ^i U C (J II £j 1 s 1. tt tt x, ■ w 4 t ft " fe^rr? 

o ivil authority th e r e ei , — C E -o i - tte e tiR i -^e d - g ta-feee-r No person shall 
be reguired tc attend any place of worship cr support any minis- 
try, religious sect, or denomination, against bis consent; nor 
shall any preference be given by law tc any religious denomi- 
nation cr mode cf worship. No_tax_in_any_a»cunt_m ay. te_levied__cr 

grant of £ro£erty made to, supp i cr i t_any _ L religious^activities_cr 

instituticns J _wh at ever i they^may_be^called_cr_whatgyer fori they 

may_adO£t_to_teach_cr_C)ractice_reliaicn i ,, 

Section 2. Article III, Section 27 of the present Constitu- 
tion is amended to read as fellows: 

"Sec. 27. No person shall be deprived cf life, liberty, or 

property without due process of law-»i_nor be denied the equal 

protection of the lawj nor be m denied_the _en joyaent_of _ciyil 



DELEGATE PFCFCSAL 
No. 165 - Individual Fight 



313 



ri2.hts_or be d i set irai raced acjajrst in the exercise__ thereof 

because_of _race x _nat icnal_cr iain a _r eli3ic£_cr_arct£tii i " 

Section 3. Article XI, Section 6 of the present Constitu- 
tion, which reads as fellows, is repealed: 

ii^ec, — g, — ^eitfeet—fe^e— l-e^464a-fe-i-¥e— a-e-e-**44y- 7 -*e€-*ft-y--€e.+H*-fc-i'-r 
6 i t y T — te-wfl T — e* — echool — 44e^«4e*^«£-^-R€f-f «fe44e-e€£fe-£^*±e«« T 
e^-a ^ ., e v e r -aa-)Hr-44-Ee*~fc4y-CE- i fl 44-g€€4J ; -y-y— a»-y~aff gef-£^a%ie» T -e^—pa-y 
4 e 6 » -e n sy- f abljtc -f «n d - e g - «eftey6--wfra*€y-eg T -€t — #a-ke — a«y — ft«fl* — e£ 

4^«— f-a^-^-e-ee-r-e*-*-©— a44— i-fl— *+ve-s-e-pf€£* — e-fe — a*y — e6-fce«± T — aea#e»-y T 
aoBJBa-£y T — eeil-e^e T — ^H^-ve*^*-}^ — -e* — e4£e* — 444eea*y T -ee-iee%444€ 
4 fle %i^«%i««- r _ e€ «-^E«44e-4-4«--w-Re4e-«€-ifl-fti€-t-fey-^fl-y — ehaieh-, — -eee* 
■e-E— 4-e-R-e-»4 n a %i o n -'W^a t e » e E ->- u 



INTSCCOCED EY: ^s/_JercjBe_l i _Lcendcrf 



814 



EELECATE EFCPCSAI 
No. 166 Lccal Gcveiruent 



KONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 
EELEGATE EECFCSAL NC. 166 



DATE INTRODUCED: FEE. U, 1972 



Referred to Lccal Government Committee 



ft PBCPOSAL FOB A NEW CONSTITUTION AL SECTICN EECVICING FCB LCCAL 
LEGISLATIVE POWERS FOR CERTAIN CCUNTIES. 



BE IT ERCPOSED EY THE CONSTITUTIONAL CONVENTION CF THE STATE OF 

MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as fellows: 

"Section . POWER OF CCUNTIES. Counties that have adopted 

forms of county government with distinct legislative and execu- 
tive branches, including, but net limited to, the ccunty manager 
cr county executive systems, shall be municipal corporations and 
shall possess lccal legislative power." 



INTRCEUCED BY: Z§Z_5tiiS_£ll£S 



EELEGATE EFCFCSAL 
No. 167 - Religious Freedom 



315 



KCMANA CONSTITUTIONAL CONVENTION 

1972-1S72 

EELEGATE FRCPCSAI NC. 167 



DATE INTFODUCEE: FEE. 4, 1572 



Referred tc Eill cf Bights Committee 



III, 4 



A PROPOSAL ECR A NEW CCNST II OTICN AL SECTION EFCVICINC FCF FELI- 
GIOOS FREEECM ANE REPEATING AETICEE III, SECTION 4, OF THE CON- 
STITUTION OF THE STATE CF MONTANA. 



BE IT PROPOSED BY THE CC NSTIT CTICN A I CONVENTION CE THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section tc 
provide as fellows: 

"Section . The state cf Montana shall make no law 

respecting an establishment cf religion, cr prohibiting the free 
exercise thereof." 

Section 2. Article III, Section 4 cf the present Constitu- 
tion, which reads as fellows, is repealed: 

u&ee-, — 4-, ^h-e — 4«ee — e*e*€-i«e — a-ft4 — c b j o y sen t — efe — E-elagioue 

p r o f e s e i -ea a-fra — we cs h ip , — w it h o -h4 — 4 iser i«-4-sa%ae« y — efea-14— -t cr e v c-E 

heteafte c -be ^■n arant €«4 T -a«4— ne- pese e -fi — e-ha ll be deni e d a ny — -ei-*-i-l 
&e — -pe>l-it-iea4 — -r-i 3 fe ■%-«-£—- p-si vilo go o n ac€ e »n fe-«4~h-* E opinicre con - 
c ern in g r o li e4-€HS-y — fe « fe-tfee~la b e rty ~64 — 6e-e ecicnce — h erct -y — e-ee-u-sea 

&fe~aia fre-fe — fee — €€-E6%£ B ed tc di e p o n ee— wi-tfe-eatfee- oE - af f - irgat4 oB-6 T 

o xous e-ac t o- o f li Gefrfe4eqe«ec6 r ■ fcy bi qaaoue — «* — p-e-l-y^a*e-Be — »ar— 

e- ia ^e-/ — e* — e-tfeet^iee? — e-E—j-mstari-y-p E a cti c-ee — i«ee>fl-6i€-feef t - with ■ the 

g o o d. e€-4e^-7 — peace ; -e E ca-i-ety— ei — t-fee etate» — e-E — e p-p e eed — *e> — tfee 

Gi*ii~ aa-fehe E i %y -fefeeEee-# 7 — or o f t feo Ba it e d S4ate-6i — Mo pe r e en ehal -1 
fee — -£«■<§« iE ed- to att-ee-d-afiy-p-la-ee— e4- wet c hi p o r €qp p€>-E4~afty-«-i«afe- 

feE~y T — E-eAiga^es-ee^t-y—e-E— a ea ea i n ati on , -a-gai-Bs-fe — -fei-e 6 oncert -y — B-e~t 

sfea-fei — a^y pEei ere c ee — fee §a-»e n by la w t o any - Eeli gar-e-ms-d-efleaa- 

-«-e4-e-e>4— w«E€ b i p ■ n 



INTFCDOCED BY: ZS^-iXlS-USUIS 6 . 



::iii 



DELEGATE PBCPCSfil 
ho. 167 - Religious Freedom 



^s/_JercBe_J._Cate 

Zs/_E i _J i _Studer x _£r i 



Z§Z_^cn_E ester 

ZS^_Bachell_K i _Han£f ield 



DELEGATE PRCFCSAL 
No. 168 - Rights cf Prisoners 



317 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

EELEGATE PRCPCSAI NO. 166 



DATE INTFODUCEE: FJE. <4 , 1972 



Referred tc Judiciary Committee 



A FRCEOSAL FOR A NEW CONST ITUTION A I SECTION EECVIEING FCF TEE 
RIGHTS CF CCKVICTED FELCNS. 



BE IT EROPCSEE EY THE CONSTITUTION AI CONVENTION CF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Constitutional Section tc 
provide as follows: 

"Section . A person convicted of a felony shall lose 

only these rights and suffer only those disabilities or disquali- 
fications as are specified ty the sentencing court. Upon teraina- 
tion of sentence all rights are restored and all disabilities cr 
disqualifications are removed." 



INTRODUCED EY : /s^_Rober t_Lee_Kelle her 



318 



DELEGATE EFCECSAL 
Nc. 169 - Individual Bights 



MONTANA CONSTITUTIONAL CCNVEMICN 

1S71-1S72 

DELEGATE EFCECSAL NO. 169 



DATE INTRODUCED: EEB. H, 1972 



Feferred tc Judiciary Committee 



A PROPOSAL EOF A NEW CONST ITUTIC NAL SECTION GUARANTEEING ACCESS 
TC THE CCUBTS EOF THE REDRESS CE A WFCNG. 



BE IT FFOECSED EY THE CONSTITUTIONAL CONVENTION OE THE STATE CF 
MONTANA : 

Section 1. There shall be a new Constitutional Secticn tc 
provide as fellows: 

"Section . The legislature shall not deprive any citizen 

of access to the ccurts for the redress cf any grievance cr 
injury. " 



INTRCDOCED BY: Z§Z_lcber t_Lee_Felleher 



DELEGATE E5CECSAL 
Nc. 170 - Executive Departnent ,<19 



MONTANA CONSTITUTIONAL CCNVENTICN 

1S71-1S72 

DELEGATE EFCECSAL NC. 17C 

DATE INTRODUCED: EEB. a, 1972 

Beferred tc Executive Committee 



A PECECSAL FCB A NEW CCNSTITUT ION AL ARTICLE PROVIDING ECE AN 
EXECUTIVE DEPARTMENT. 



BE IT EECPOSED EY THE MONTANA CCNSTIT CT ION AL CONVENTION CF THE 
STATE CE MONTANA: 



"ARTICLE 

EXECUTIVE DEEARTMENT 

Section 1. The executive department shall consist of a 
Governor, lieutenant Governor, secretary cf state, attorney gen- 
eral, state treasurer, superintendent of public instruction and 
state auditor, each of whom shall held office for four (U) years, 
or until a successor is elected and qualified, beginning on the 
first Mcnday cf January next succeeding election. The officers of 
the executive department, excepting the lieutenant Governor, 
shall during their terms cf office reside at the seat cf govern- 
ment, where they shall keep the public records. They shall per- 
form such duties as are prescribed by this constitution and ty 
the laws of the state. 

Section 2. The officers provided for in Section 1 cf this 
article, shall be elected by the qualified electors cf the state 
at the time and place of voting for members of the legislative 
assembly, and the persons respectively, having the highest number 
cf votes for the office voted for shall be elected; tut if twe cr 
more shall have an equal and the highest number cf votes for any 
one of said offices, the two hcuses cf the legislative assembly, 
at its next regular session, shall by joint ballet, elect one of 
the persons tc the office. The returns cf election for the offi- 
cers named in Secticn 1 shall be made in a manner prescribed ty 
law, and all contested elections cf the same, ether than provided 
fcr in this section, shall be determined as prescribed by law. 

Section 3. No person shall be eligible tc the office of 
Governor, lieutenant Governor or superintendent of public 



320 



Nc. 



DELEGATE FECFCSAl 
1 7 C - Executive Department 



inst 

at t 

stat 

the 

gene 

has 

of 

In a 

offi 

resi 

ticn 

inq 

of fi 



ructi 
he ti 
e, s 

age c 
ral 
been 
Kcnta 
dditi 
cars 
ded w 
Nc 
an el 
ce. 



on 

me c 
tate 
f tw 
unle 
ai mi 
na, 
en t 

r.ai 
ithi 

el€ 
ecti 



unle 
f hi 
aud 
en ty 
ss h 
tted 
and 
c th 
ed s 
n th 
cted 



ss he 
s elect 
iter, c 
-five ( 
e has a 

tc pra 
be in g 
e qual i 
hall be 
e state 

cf f ice 
office 



has a 
ion , 
r sta 
25) y 
1 1 a i n 
ctice 
ccd s 
f icat 
a ci 
two 
r cf 
shall 



ttai 
ncr 
te t 
ears 
ed t 

ir. 
t and 
iens 
tize 
(2) 
the 

see 



ned t 
to th 
reasu 
, re r 
he ag 
the s 
ing a 
abev 

D Of 

years 
execu 
k cr 



he a 

€ Cf 

rer, 

tc 
e cf 
upre 
t th 
e pr 
the 

rex 
tive 

hcl 



ge cf 
f ice 

ur. le 
the c 

thir 
He cc 
e tin 
e scri 
Orite 
t pre 

de pa 
d ar 



thir 
cf 

ss he 
f r ice 
ty (3 
urt c 
e cf 
bed, 
d Sta 
cedin 
r tmen 
y ct 



ty ( 
seer 

has 

cf 
0) y 
f th 
his 
each 
tes, 
g h 
t wh 
her 



3C) 

etar 
att 
att 

ears 

e s 

elec 

cf 

and 

is 

ile 

€l€ 



years 
y of 
ained 
crrey 
, and 
tate , 
tier., 
the 
have 
elec- 
hold- 
ctive 



Section 4. The lieutenant Governor, shall have the same 
gualif icatiens as the Governor and shall be elected at the same 
election, fcr the sane term, and in the saie Banner, as the 
Gcverncr; provided that the votes cast in the general electicn 
fcr the nominee for Governcr shall be deeied cast fcr the nominee 
for lieutenant Governor cf the same political party. The lieu- 
tenant Governor shall perform such duties as iray be prescribed by 
law and as may be delegated tc bin by the Gcverncr, but nc power 
specifically vested in the Governor by this censtitutien shall be 
delegated to the lieutenant Gcverncr pursuant tc this section. 

Section 5. The lieutenant Gcverncr shall have those duties 
as given by the Governor and shall alsc be president cf the 
senate, but shall vcte only when the senate is equally divided. 
In case cf the absence or disqualif icaticn of the lieutenant 
Governcr, the president pre teapcre of the senate shall perfcra 
the duties cf the lieutenant Governcr until the vacancy is filled 
or the disability remeved. 



Section 6. The cempensatien cf the Gcverncr and ether 
executive efficers shall be prescribed by law and shall not be 
increased or diainished during a single tern cf effice. 

Section 7. The executive pewer cf the state shall be vested 
in the Gcverncr, whe shall see that the laws cf the state are 
faithfully executed. 

Section 8. The Governcr shall be the cemmander-in-chief cf 
the gilitary fcrces of the state, except when these forces are in 
the actual service cf the United States, and shall have pewer to 
call cut any part of the whele cf said fcrces to aid in the 
execution of the laws, to suppress insurrecticn cr repel inva— 
sicr. 



Section 9. The Governor may proclaim martial law when the 
public safety requires it in case cf rebellicn cr actual cr immi- 
nent invasion. Martial law shall not continue for longer than 
twenty (2C) days without the approval of a majcrity cf the mem- 
bers of the legislature in jcint 



session. 



NC. 



DELEGATE FFCFCSAL 
17C - Executive Eepartnert 



321 



cons 

esta 

and 

If d 

offi 

the 

shal 

seer 

eral 

deat 

Gcve 

hold 

f ied 



Section 

ent cf t 
blished 

whose a 
uring a 
ce, the 
duties t 
1 nomin 
etary of 

cr supe 
h, resig 
rncr to 
his o 



10. T 
he sen 
by thi 
ppcint 
recess 
Gove 
herecf 
ate sc 

state 
rinten 
nation 
fill t 
f f ice 



he Gc 
ate, 
s ccn 
Bent 

cf t 
rnor 

unti 
me pe 
, sta 
dent 

cr c 
he sa 
until 



vern 
appc 
stit 
cr e 
he s 
shal 
1 th 
rscn 
t€ a 
of p 
ther 
me b 
his 



cr sha 
int al 
uticn, 
lectic 
enate 
1 appc 
e next 

to fi 
uditcr 
ublic 
wise, 
y appo 

succe 



11 ncminate, and by and * i t h the 

I officers whose offices are 
cr which nay te created ty law, 

n is not ctherfcise provided for. 

a vacancy cccurs in ary such 

int seme fit person to discharge 

meeting cf the senate, b h € c te 

II such effice. If the office cf 
, state treasurer, attorney gen— 
instructicr. shall te vacated ty 
it shall be the duty cf the 
intment, and the appointee shall 
sscr shall te elected and quali- 



bcar 
the 
f unc 
lieu 
trea 
shal 
(20) 
be a 
mann 
admi 

COSH 

with 



Sec 
ds , 
exec 
tion 
tena 
sure 
1 b 

dep 
ssig 
er a 
nist 
issi 
in a 



tion 

bur 

utiv 

s, p 

nt G 
r, s 
e a 
artm 
ned 
s wi 
rati 
ens 
pri 



11 . A 
eaus, 
e depa 
ewers, 
cverno 
tate a 
llocat 
ents. 
to dep 
11 ten 
ve c 
may te 
ncipal 



11 e 

COffllD 

rtmen 

and 
r, se 
udito 
ed by 
Subse 
artBe 
d to 
rgani 
est 
depa 



xecu 
issi 
t of 
duti 
cret 
r an 
law 
guen 
nts, 
prov 
zati 
abli 
rtme 



tive 

ens, a 

state 

es , ex 

ary cf 

d supe 

among 

tly, a 

divis 

ide a 

en c 

shed t 

ct. 



and 
gene 

gov 
cept 

sta 
rint 

and 
11 n 
iens 
n c 
f s 
y la 



a 
ies 
ernff 

fcr 
te, 
ende 

wit 
ew p 
, se 
rder 
tate 
w an 



dainis 
and in 
ent ar 
the o 
attorn 
nt cf 
hin nc 
ewers 
etiens 
ly ar 
gcve 
d need 



trativ 
strume 
d thei 
f f ice 
ey gen 
public 
t mere 
cr fun 
, cr u 
ranges 
rr. tent 
not b 



e c 

ntali 
r res 
cf Gc 
eral, 
irst 
than 
cticn 
nits 
ent 
. Te 
e al 



f f ices, 
ties cf 
pective 
vernor , 
state 
ructicn 
twent y 
s shall 
in such 
in the 
mporar y 
lecated 



Section 12. The Governor shall have the power te grant 
reprieves, cemmutatiens and pardons after conviction, reinstate 
citizenship and may suspend and resit fines and forfeitures 
subject to procedures prescrited ty law. 

Section 13. The Governor shall at the teginning of each 
legislative session, and may at other times, give the legislature 
information and recommend measures he considers necessary. The 
Governor shall submit to the legislature at a time fixed by law, 
a budget for the ensuing fiscal pericd setting forth in detail, 
fcr all operating funds, the proposed expenditures and estimated 
revenue of the state. 

Section 14. Whenever the Governor ccrsiders it in the public 
interest, he may convene the legislature, either house, or the 
two houses in joint session. At the written request of twe-thirds 



(2/3) of the members of each house, the presiding officers 
both houses shall convene the legislature in special session. 



cf 



Section 15. Every till passed by the legislative assembly, 
except bills proposing amendments to the Montana Constitution and 
bills ratifying proposed amendments to the Dnited States Con- 
stitution which aay not be vetoed ty the Governor, shall, before 



:V22 



Nc. 



DELEGATE EFCFCSAL 
17C - Executive Department 



it b 

sign 

with 

hcus 

proc 

bers 

with 

wise 

toemb 

ing 

by t 

has 

ner 

by t 

days 

ccns 

eith 

bill 

offi 

prov 

bill 



ecom 
it 

his 
e s 
eed 

pre 
th 

Le 
ers 

the 
he G 

bee 
as i 
heir 

aft 
ider 
e r 

, he 
cial 
ided 
s sc 



es a la 
, w h e r 

object 
hall e 
to recc 
sent ag 
e cbjec 
recor.si 
present 
ob jec 
overnor 
n prese 
f he ha 

ad jcui 
er the 

all ti 
sign s 

shall 

of the 
in S 

return 



w, b 

eupo 

ions 

r,ter 

nsid 

ree 

ticn 

dere 

in 
ticn 

wit 
nted 
d si 
nmen 
ad jc 
lis 
uch 
retu 

hou 
ecti 
ed b 



e pre 
n it 

to t 
the 
er th 
to re 
s , tc 
d, ar 
that 
s of 
hie f 

to h 
gned 
t pre 
urnme 
not d 

bill 
r n it 
se in 
en 1 
j the 



sen te 
shall 
he he 

ob je 
e bil 
pass 

the 
d if 
house 
the G 
ive ( 
irc, t 
it, u 
vent 
nt cf 
ispes 
s int 

with 

whic 
«4, Bta 

Gove 



d to 

bee 
use 
ctio 
1. 
the 
cthe 
repa 

it 
ever 
5) d 
he s 
cles 
its 

the 
ed c 
c la 

his 
h it 
y re 
rncr 



the 
cue 
in w 
ns a 
If t 
sane 
r he 
ssed 
shal 
nor. 
ays 
a a e 
s th 
retu 

leg 

f pr 

w ; o 

cb 

cri 
ccrv 



Gov 
a la 
hich 
t la 
wc-t 
, it 
use, 

by 
1 be 

If 
(Sun 
shal 
e le 
rn. 
isla 
icr 
r if 
ject 
gina 
ene 



errc 
w, c 
it 
rge 
hird 

sha 

by 
twe- 
ccme 
any 
day 
1 be 
gisl 
Kith 
ture 
tc a 

he 
iens 
ted. 
itse 



r. He 
r be s 
crig 
utcn i 
s (2/3 
11 be 
which 
thirds 

a law 
bill i 
except 

a law 
ati ve 
ir. twe 
„ the 
d jcurn 
fails 
tc 

The 1 
If to 



sha 
hall 
inat 
t£ j 
) cf 
sent 
it s 
(2/ 
net 
s nc 
ed) 
, ir. 
asse 
nty- 
Gcve 
ment 
tc a 
the 
egis 
reco 



11 ei 

retur 

ed , w 

ournal 

the 
, toge 
hall 1 
3) of 
withst 
t retu 
after 
like 
mbly s 
five 
rncr s 
. He s 
pprc ve 
presi 
lature 
nsider 



ther 
n it 
hich 

and 
mem- 
ther 
ike- 

the 
and— 
rned 
it 
nan- 
hall 
(25) 
hall 
hall 

any 
ding 
/ as 

any 



The Governor, in returning with his ebjectiens a bill fcr 
reconsideration , may recommend that an amendment cr amendments 
specified by him be made in the bill, and in such case the legis- 
lative assembly may amend and re-enact the bill. If a bill be sc 
amended and re-enacted, it shall be presented again to the Gover- 
nor, but shall become a law only if he shall sign it within ten 
(10) days after presentation; and no bill shall be returned by 
the Governor a seccr.d tiie. 

Secticn 16. The legislative assembly shall prcvide a seal 
fcr the state, which shall be kept by the secretary cf state and 
used by him officially, and knowr. as the great seal of the state 
cf Men tana. 



Section 17. All grants and cemmissiens shall be in the nase 
and by the authority cf the state cf Montana, sealed with the 
great seal of the state, signed by the Governor, and counter- 
signed by the secretary cf state. 

Section 18. In case cf the failure tc gualify, the impeach- 
ment or convicticn of felony or infamous crime cf the Governor, 
or his death, removal frcm office, resignation, absence frca the 
state, or inability to discharge the powers and duties cf his 
office, the powers, duties and encluments cf the office, for the 
residue cf the term, or until the disability shall cease, shall 
devolve upon the lieutenant Gcverncr. 

Section 19. The lieutenant Gcverccr shall be president of 
the senate, but shall vcte only when the senate is equally 
divided. In case of the absence or disqualification cf the lieu- 
tenant Governor, from any cause which applies tc the Governor, or 



DELEGATE FRCFCSAL 
No. 17C - Executive Department 






when he shall held the office cf Gcverncr, then the president pre 
tempore of the senate shall perfcrn the duties of the lieutenant 
Gcverncr until the vacancy is filled cr the disatility removed. 

Section 2C. In case of the failure to qualify in his office, 
death, resignation, absence from the state, iir peachment , convic- 
tion cf felcny cr infamous crime, cr disqualification from any 
cause, of both the Governor and the lieutenant Governor, the 
duties cf the Governor shall devolve upon the president pre tem- 
pore cf the senate until such disqualification cf either the 
Governor or the lieutenant Governor be reitcved, cr the vacancy 
filled, and if the president pre tempore cf the senate, for any 
of the above named causes, shall becose incapable cf performing 
the duties cf Governor, the same shall devolve upon the speaker 
of the house. 

Section 21. The Gcverncr may rule cut ancunts in appropria- 
tion bills passed by the legislature and the procedure in such 
cases shall be the same as in the case cf the disapproval of an 
entire bill by the Governor." 

IN1ECDDCEE EY: Z§Z_l££isii_£i_SiilS£I 
/s/_ J e tt x_ B a b c o ck 



DELEGATE PROPOSAL 
:5 - 4 No. 171 - Board of Regents 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE PROPOSAL NO. 171 



DATE INTRODUCED: FEE. 4, 1S72 



Referred to Education and Public Lands 
Ccmmi ttee 



XI, 11 



A PRCFOSAL FCR A NEW CCNSTIT OTION AL SECTICK EFCVIDING FOR A POARD 
OE REGENTS AND REPEALING ABTICLE XI, SECTION 11. 



BE IT EROPOSEE EY THE CONSTITUTIONAL CCNVFNTICN OF THE STATE CF 
MONTANA: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . BOARD OF REGENTS CF HIGHER EDUCATION. There 

shall be a Beard of Regents of Higher Education, s tcdy corpo- 
rate, which shall have full power to govern ar.d ccntrcl the Mon- 
tana University System and any ether pullic institutions cf 
post-secondary education assigned by law. The beard shall consist 
of nine (9) members appointed by the Gcverncr to overlapping 
terms, subject tc confirmation by the senate, under regulations 
to be provided by law. The beard shall appoint its executive 
officer and prescribe his term and duties." 

Section 2. Article XI, Section 11 cf the present Constitu- 
tion is repealed. 

INTRODUCED EY : Z§^_Vjilliam_A i _EurJshardt 



DELEGATE PRCFCSAL 
No. 172 - Cir fcudsman 



325 



KCMANA CONSTITUT ICNAI CCKVEMICN 

"IS 71- IS! 2 

EELEGATE FRCFCSAI KC. 172 



DATE INTECEUCEE 



FIE. H, 1S72 



Referred to General Government and Con- 
stitutional A nerd met t Ccairittee 



A PROPOSAL FOB A NEW CC NSI IT UT IC N AL SECTION PROVIDING FOE THE 
CFEICE CI OMEUESMAN. 



EE IT FROFOSEE EY THE CONST II OTION A I CCl^VENTICN OF THE STATE OF 
HOST AN A: 



Section 1. There shall be a new Constitutional Section to 
provide as fellows: 

"Section . OMSBUDSMAN. The office of Cabudsman is estab- 
lished. The supreme court of Ecntana shall 3ppcint the Ombudsman 
for a term of five (5) years. He shall be a person net actively 
involved in partisan affairs and well equipped to analyze prob- 
lems of the law, administration aEd public pclicy. The Cmbudsman 
shall investigate en complaint or en his cwr mcticn any action cf 
any agency of state government and shall publish all cf his 
determinations. The legislature may provide fcr the organization, 
procedures and salary of the office." 



INTRCEUCF.D BY: /§^_ jjichard.J. _ Chagpcux 

Zs/_Gene_Harbaua,h 

^s^_J i _Kason_Melvin 



^s^_Feter_^Fete^__Icrello 
/s/_Ge or ae_E i _ James 



326 



DELEGATE EFCPCSAL 
Nc. 173 - Veterans 



MONTANA CONSTITUTICNAI CONVENTION 

1971-1 972 

EELEGATE PROPCSAI NC. 173 



DATE INTFODUCED: EEE. 4 , 1972 



Referred tc Revenue and Finance Committee 



XII, 2 



A PROPOSAL AMENDING ARTICLE XII, SECTION 2 OF THE CONSTITUTION OF 
THE STATE OF MONTANA PROVIDING THAT TOTALLY DISABLED VETERANS MAY 
BE EXEMPT FROM TAXATION. 



BE IT PROPOSED BY THE CONSTITUTIONAL CONVENTION Of TEE STATE OF 
MONTANA: 



Section 1. Article XII, Section 2 cf the present Constitu- 
tion is amended tc read as follows: 



count 
and p 
ether 
and h 
actua 
or he 
publi 
recor 
and t 



"Sec. 2 
ies, ci 
ublic 1 
prope 
orticul 
1 relig 
Id for 
c char 
d upon 
otalli_ 



The property cf the United States, the state, 
ties, tc*ns, school districts, iruricipal ccrpcrations 
ibraries shall te exempt from taxation; and such 
rty as may be used exclusively for the agricultural 
tural societies, fcr educational purposes, places for 
icus worship, hospitals and places cf burial net used 
private or corporate profit, institutions of purely 
ity x *«4 evidences of dett secured by mortgages cf 
real cr personal property in the state of Montana, 
disabled_veterans nay be exempt frc» taxation." 



INTRODUCED EY: ^s^Jercme T. „Icerdcrf 

Zs^_Henry_Siderius 

,/§/ Arlyne Reichert 

/s^_Torrey > _Johnscn 

/ m s/ Charles , H. Mahoney 
£s/ Virginia H t Blend 



^s^_Paul_K._Haj:lcw 

/§^_§i£ r 9f- Harper 

/s^_Mae_Nan_Rotinsoci 

^s^_Betty_Babcock 

{si William A._Borkhardt 



DELEGATE EECFCSAL 
Nc. 173 - Veterans 



327 



/s/_Iucile_S£ger 

ZsZ_E°t_£^S£tell 

^s/_Chet_Elailcck 

/s i /_Eachell_Mansfield 

ZgZ_l£i_Gxsl€r 

^s^_Grace_Ba tes 

l~A-££k£lt_l>ee_K tile her 
< /s^_flrngld_W_._Jjcctsen_ 

^s^_C i _Lcuise_Crcss 

^s^_Marian_S i _Erdmann 

Zs^_P£ter_^Fetel'_Lc relic 



Z§Z_i5i_tiI}S_Siar ks 

i /s^_j»ade_J i _Eahocd 

Z5Z_ Vercnica_Sullivan 

ZIZ_C a rm an _Skari 

Z§Z_5§££9§_l]i_J§lS^ 

ZS/_Gecf f If^_L i _Brazier_ 

^s^_Ccn_E_j__Eelcher 

Z§Z_f-<ia.!jii£_Aasheijs 

Z§Z_Jf I£me_ J. _Cate 

Zl^_£§££a§_§i_l:fIilS§£ 



328 



DELEGATE EFCPCSAL 
Nc. 174 - Individual Fights 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE EFCECSAL NO. 17U 



DATE INTFOECCEE: FEB. <4 , 1S72 



Referred to Judiciary Committee 



III, 27 



A PROPOSAL AMENDING ARTICLE III, SECTION 27 OF THE CONSTITUTION 
OF THE STATE OF MONTANA RELATING TO THE RIGHTS OF THE EECELE OF 
MONTANA. 



BE IT EROECSED BY THE CONST ITUTICNA I CONVENTION OF THE STATE OF 
MONTANA: 

Section 1. Article III, Section 27 of the present Constitu- 
tion is amended to read as fellows: 

"Sec. 27. Subject_to_the cenditier that establishing the 

fact o f _t he_(jull t _cr~Innocence_of_a_£er so n_ charged with a crime 

§ll§iI_fe§_su£ericr_to_the _right_cf _ar_individual_tc_tar otherwise 

SElIilisI-ezilsisI offered irj_£rcof_therecf x no perscr shall te 

deprived of life, liberty, or property without due process cf 
law. » 

INTROEUCEE EY: Z§Z_Cttc_T i _Habeda c k 



NC. 



EELEGATE EFCPCSAL 
175 - Public Schccl Lards 



329 



KCNTANA CONSTITUTIONAL CONVENTION 

1971-1972 

DELEGATE EF.CPCSAL NO. 175 



DATE INTBOEUCEE: FEB. 4, 1S7 2 



Referred 
CcmEit tee 



to Educaticr and Public Lands 



XVII , 1, 2 , 3; XI, H 



A PROPOSAL FCB A NEK CONSTITUTIONAL SECTION CCNCEFNING PUBLIC 
SCHOOL LANES ANE REPEALING ARTICLE XVII, SECTIONS 1, 2 ANE 3 AND 
ARTICLE XI, SECTION 4 OF THE CONSTITUTION CF THE STATE OF KCN- 
TANA. 



3E IT 
KCNTANA 



EROPCSEE BY THE CO NST IT UT I C N AI CONVENTION OF TEE STATE CF 



Section 1. There shall 
provide as fcllcws: 



be a new Ccrstitu ticnal Section to 



"Secticr. _. All public schccl lands of the state that 
have been or may hereafter be granted tc the state, shall be held 
in trust for the people for the purpose cf general education. Tte 
general supervision cf school lands, including, but net limited 
to, management, leasing, sale, and exchange cf such lands and cf 
ether public lands as may be prescribed by law, shall be vested 
in a state board of land ccflsmissioDers which shall be composed cf 
the Governor, superintendent cf public instruction and attorney 
general. 

Nc schccl lands mav be dispesed cf except in pursuance of 
general laws providing fcr such disposition, ncr unless the full 
market value of the estate cr interest disposed of, to be ascer- 
tained in such manner as may be prescribed by law, be paid cr 
safely secured tc the state." 



XI, 



Section 2. Article XVIL, Secticrs 1, 2 and 3 and 
Section 4 cf the present Constitution are repealed. 



Art icle 



INTRODUCED BY: lsl_Ger\e_Eaitau2h. 



330 



DELEGATE PFCPCSAI 
Nc. 17 6 - FequireBer. t tc Vcte 



MONTANA CONSTITUTIONAL CONVENTION 

1971-1S72 

DELEGATE FBOPCSAL KC. 176 



DATE INTFCDUCED: FEE. 4, 1972 



Referred to Judiciary Ccramittee 



A PROPOSAL FCF A NEW CONSTITUTIONAL SECTICN EFGVIDING THAT ELI- 
GIELE CITIZENS MUST VCTE OR BE GUILTY OF A CRIME. 



BE IT PROPOSED EY THE CONSTITUTIONAL CONVENTION OF THE STATE OF 
MONTANA: 



Section 1. There shall te a new Constitutional Section to 
provide as follows: 

"Section . Citizens eligible tc register tc vcte and who 

fail to register and tc vcte shall te guilty cf a crime and 
subject to punishment as prescribed ty the legislature." 



INTRODDCED ES: ^s^_Rofcert_Lee_Kelle her 



EELEGATE PRCPCSAL 
No. 177 - Conciliation Court 



331 



MONTANA CONSTITUTIONAL CCNVENTICN 

19 71-1S72 

DELEGATE PBCPCSAL NC. 177 



DATE INTECDUCEE 



FEE. 4, 1972 



Referred to Public Health, Welfare and 
Later Committee 



A PBCPOSAL FCR A NEW CONSTITUTIONAL SECTION PECVIDIhG ECF fi 
LABCR-KANAGEKEN1 CONCILIATICK CCUBI. 



BE IT PBOPCSED BY THE CONSTITUTIONAL CCNVENTICN OF THE STATE CF 
WCN1AN A: 

Section 1. There shall be a new Constitutional Section tc 
provide as fellows: 

"Section . The legislature may require parties to a 

labor dispute, "arising from business or governmental activity 
within the state and affecting the public interest, to submit the 
dispute to a court of labor-management conciliation. The legis- 
lature shall provide for the jurisdiction of such court consis- 
tent with federal jurisdiction ever the same parties and subject 
matter." 



INTRODUCED EY: Z§ i /_Jose£h_H i _]}cCarvel 

/ /s^_Wade_J i _Eahccd 

^S2_Bcbert_Lee_Kelleher 



^s/_C i _A i _Scanlin 



■xvz 



CFLEGATE FFCPCSAL 
No. 178 - Elections, Process 



KCNTANA CCNSTITUTICNAI CONVENTION 
1971—1 =72 

EELFGATE PROPOSAL NC. 178 



DATE INTFODUCEC: FEE. 4, 1972 



Referred to General Government and 
stitutional Anendrcent Committee 



Ccn- 



A PROPOSAL FOR 
TIVE PBOCESS. 



A NEW CCNSTITUTICNAI SECTION CCNCEFNING THE ELEC- 



BE IT PPOPOSEE 
MONTANA: 



EY THE CONSTITUTIONAL CCNVENTICN OF THE STATE OF 



Section 1. 
follows: 



There is a new Constitutional Section to read as 



"Section _. (1) Every person of majority age as defined 
by law, who is~a citizen of the United States, and has resided in 
the state, county and precinct of his residence for the time pre- 
scribed by law and who is of sane Bind is an elector in the state 
of Montana. No further qualifications ether than majority age, 
citizenship, residency and sanity may be imposed upon the elec- 
tors of this state. 

(2) The legislative assembly may secure the purity of elec- 
tions and guard against abuses of the elective franchise through 
the use of registry list of all electors, provided such laws 
place upon state government or its subdivisions the burden of 
compiling and maintaining such list and provided further that 
electors not so registered may exercise their franchise upon 
execution of an oath that they meet the qualifications cf an 
elector in the state of Hcntara." 



INTFCDDCED EY: ZsZ_5£iS§°S 



333 



COMMITTEE PROPOSALS 

f C N 1 A N A CONSTITUTIONAL CONVENTION 
1971-1 572 

G £ N * 5 A L G0VE3NKENT 
AN? CONSTITUTIONAL AMENDMENT CCM^ITIEE FRCFCSAL 
ON SUFFRAGE ANE r I£CTICNS 



Date Eepcrted: February 12, 1972 



ZsZ_Mark_E tchart 

Chair tea n 



Zs/_Faul_K i _Hatlcw 
Vice Cbairnsar 



334 



MONTANA CONSTITUTIONAL CONVENTION 



Date: truar j 12, 1 c ~7 2 

Tc: [-CNTA, 1ST III* TIC ML CONVENTION 

From: General Government and Constitutional Atre-ndmer.t Committee 

Ladies and ".• 1. 1 1 ; - in r r, : 

: il Government av^I Constitutional Amendment Ccirmit- 
tee submits herewith i proposed Suffrage and Elections Article. 
The proposed Article is intended to replace all sections of the 
present Constitution dealing with suffrage and elections. 

I'he committee addressed itself tc the fundamental problems 
concerning suffrage and elections. The committee worked with the 
basic purpose or making the electoral process as effective and 
meaningiul as possible for the individual Mcntanan. In doing so 
the committee gav- careful consideration tc several citizen and 
delegate proposals. Cur end product is composed of a irajcrity 
and a minority report. In signing either report, a Committee 
member ; .o-^s not necessarily endorse each and every statement in 
it . 

The committee utilized the services cf the following people: 
James Grady (Research Analyst), Ectbie Murphy (Secretary) and 
Bobert Skaggs (Intern). 



Zs/_£ark_ttchart 
Chairman 



/s^_Paul_K i _Harlcw 
Vice Chairman 



Suffrage and elections Committee 






TABLE CF CONTENT' 



LSTTEF CF TRANSMITTAL 

TEXT OF EAJGEITY ESCECSAL 

COKMEKTS CN hAJOFITY PROPOSAL • 

TEXT CF KINOEITY FFCFCSAL 

COMMENTS ON MINORITY PRCFCSAL , 

AFEENCIX 

Cress reference cf present and proposed Article- 
Delegate proposals considered ly ccrcffitte9 

Witnesses heara by committee 

Sell Calls 



. 334 



336 
337 
34 1 
342 

344 

345 
347 



336 



MONTANA CONSTITUTIONAL CCNVFNTICN 



hAJOhlTY EPCLCSAI 



BF II FFOPCSEE tY I F E GENF.FAI GOVERNMENT ANL CONSTITUTIONAL 
A E EEC MEN! CCEEITTEE: 

That there be a new Article on Suffrage and Elections tc 
read 1= follows: 



ARTICLE 

SUFFKAGE AM: ELECTIONS 

Section 1. All rltcticns by the people shall be by secret 
ballet. 

.--c + icn 2. »ny citizen cf the United States whe is 18 years 
of age or elder, and meets the registration and residence 
requirements of the state and political subdivision is a quali- 
fied elector, except that no person who is serving a sentence for 
a felony in a per.il institution or who is judged cf unsound mind 
by i Court may vet".. 

Section -. . 1 he legislature shall provide by lav. th<= 
requirements tor residency, registration, absentee voting and 
administration cf elections. 

Section 4. Any person qualified to vote at general elec- 
tions and for stat c officers in this state is eligible tc any 
public office except as otherwise provided in this Constitution, 
subject tc ary additional qualifications provided by the legis- 
lature. 

Section 5. Ir all elections held by the people under this 
Constitution, th -_ person or persons receiving the highest number 
or legal votes is elected. 



Z.§Z_£2rk_ E tchart 
Chairman 

/s/_Eaul__K i _ Harlow 
Vice Chairirar 



/s/_Ccn_E r _Delcher. 



ZS^Bruce^^Er cw_n_ 



/s/_Liman_W ._Chcate 



< /s < /_Otto_T i _Hatedank_ 



luff rage and Elections Cc in a it tee 



337 



COMMENTS CN MAJOEITi FKCECSAL 



Secticn 1. 
secr-rt t allot. 



All elections by the pecple shall te ty 



The wording in this secticn differs froir the present Article 
IX, section 1 crly in that it includes th- word "secret." The 
committee re^ls that the guarantee cf secrecy in voting is impor- 
tant encugh to warrant inclusion in the Ccnsti t u ti en. 

Section 2. Any citizen cf the United States whe is 
18 years of age or elder, and ireets ^he registration 
and residence requirements cf the state and political 
subdivision is a qualified elector, except that no 
p.-rson who is serving a sentence fcr a felony it a 



penal institution cr 
Ccurt it ay vcte. 



who is judged cf unsound mind ty a 



This section embodies all cf the proposed Constitutional 
qualification fcr and disqualifications from voting. In the 1889 
Constitution, these qualifications and disqualifications are 
scattered through six sections cf Article IX. The proposed Arti- 
cle Constitutionally gives the legislature the major turden tor 
establishing explicit registration and residence requirements. 
The rationale fcr individual segments cf secticn 2 fellows: 



" (a) any citizen cf the United States who 
age cr older,. . . " 



is 



U 



years of 



Eighteen is the vcting age rcr all elections as established 
by the 26th Amendment to the national Constitution. The 1971 
Montana Legislature was among the state legislatures that rati- 
fied the atrendirert. 

" (b) and meets the registration and residence 

requirements of the state and political subdivision is 
a qualified elector,.." 

This section is self-explanatory. 

"(c) . . . except that no person whe is serving a sentence 
for a felony in a penal institution or who is judged cf 
unsound mind by a Ccurt nay vcte . . ." 

The present Constitution automatically disenfranchises 
felons (Article IX, section 2), and extends this disenf ra nchise- 
ment even after the person is released freir prison. The con- 
victed felcn must apply for often dif f icult-tc-receive pardons 
before he may again vcte. The committee feels that this system 
of permanent punishment is contrary to the best interests cf 
society, in that it does nothing tc aid rehabilitation cf a crim- 
inal. Indeed, a provision disenfranchising a felon attaches a 
stigma to the person, and hinders rehabilitation. Additionally, 
a disqualification provision flys in the face of the rational 



338 



riCNTANA CONSTITUTIONAL CONVENTION 



for [-riser.?! release 



01H 



[ r 1 s o n 



he 



Ti:t presumpticr is that when a man comes 
should be fncouragt'i tc resume normal civic 



:elaticnship: 



As Lor the provision disenlranch 



'unscuw ' 



in mind, t h 



commit «- ee 



sing those adjudicated as 
tee Is that with the new and 



- v- c-> xpanding development 1 -: in mental hygiene, it is unwise to 
freeze arbitrary mental disqualifications by label intc the Ccc- 
stitution. Consequently, the committee- has left such decisions 
for judges t c make on an individual case basis. 



'. 



Section 
requirements 
voting and ad m in i s 



the 



The legislature shall provide by law tne 
for residency, registration, ibsent.ee 
tration c: 



reg: 
-lee tiers. 



resi 

has 

whic 

d a y s 
Cons 
a pr 

days 

a nd 
the 
arti 

sect 
laws 



Till 
i-. nc 
be ? n 
h e 

titu 

epes 

A 

regi 

new 
cle 
ion 

and 



s s c t 
y and r 

done b 
stablis 
his s t a 
t i o n a 1 
ed amen 
\ p r o x i m 
st ratio 
e r stat 
a n i lea 
will he 

court 



ion alio 
egistrat 
y s ec t i o 
hed the 
t u t e , en 
require 
dm e n t w h 
ately 6 
n requir 
e Ccnsti 
ve those 
lp avoid 
decision 



ws t 
icn 

n 2 3 

res 

ac-° 

meat 

ich 

% of 

e m -:- n 

tuti 

mat 

con 



he le 
re. q u i 
-27C1 
id- nc 
d in 
s of 
wculd 

the 
ts in 
ens f 
t er s 
f lict 



gis 

: a 

r. 
* — 

y f 
1 g i 

on e 
ch 

sta 
th 

ell 

t G 

w i 



1 a t u r s to d e 
e c t s . In a 
ev is ed_Codas 
ericl tor me 
1, conflicts 

year, thcug 
ange the t 
tes include 

ir Ccnstitu 
ow the examp 
the legislat 
th rapidly 



t ermine 

large 
_cf _Kcn 
it elec 
with t 
h this 
i m 6 1 i 
specif i 
tiens , 
le cf t 
ive ass 
changi 



the v 
part 
tana_ £ _ 
tiers 
he pr 
sec tio 
nit t 
c resi 
hut mo 
he pro 
embly. 
rg f e 



ctirg 
this 

1111 f 
at 30 
eser.t 
n has 
c 30 
dency 
st of 
posed 
This 
deral 



This ; ction alsc allows the legislature to determine the 
rime that ill elections ar= held. The committee closely examined 
several delegate proposals regarding const it uticnally establish- 
ing the grouping and scheduling cf elections. It is the commit- 
tee's considered opinion teat the legislature is capatle cf 
scheduling and providing administration for all elections. The 
committee is extremely reluctant to freez c "for all time" the 
schedule an 1 administration process cf all elections. 

Section 4. &ny person qualified to vote at general 
elections and for state officers in this state is eli- 
gible tc any public office except as otherwise provided 
in this Constitution, subject tc any additional quali- 
fications provided by the legislature. 

This section enables any Montana vcter tc participate as an 
office heller in the electoral process. It dees net prohibit the 
legislature from establishing necessary technical gualif ications 
for specialized jobs (say licensed attorney for the effice cf 
attorney general), tut it does stop the legislature from creating 
arbitrary age qualifications for certain offices. 



Section 5. In all elections held by the people under 
this Constitution, the person or persons receiving the 
highest number of legal votes is elected. 



Suffrage and Election s Ccmmi^t*- 



339 



This section is identical tc Srticle IX, section 13 of the 
present Constitution, and merely quarinte°s the tradition of 
majority rule. The committee feels its retention is necessary as 
both a statement of principle and a practical directive. 



As can te seer, in Appendix A, the proposed Suffrage and 
Elections Article deletes several previsions contained in the 
present Constitution, Article IX. These secticrs, 3, a, 5, 6, 7, 
10, ar.d 12, have either teen superseded by judicial review or 
federal action or lo not have c ncugh redeaming value to he left 
in the Constitution. Discussion ty section of these sections cf 
the present Constitution felloes: 

"Sec. 3. For the purpose cf vcting no person shall be 
deemed to have gained cr lest a residence by 
reascn cf his presence or absence while employed 
in the service of the state, or of the United 
States, nor while engaged in the navigation of the 
waters of the state, cr cf the United States, ncr 
while a student at any institution cf learning, 
nor while kept at any almshouse or other asylum at 
the public expense, ncr while confined in any 
public prison. " 

Section 3 does not limit ar.ycne from establishing residency 
in Montana, if the person is otherwise eligible, if that person 
can show an honest intent tc do so. This section is ineffectual, 
and covered in the proposed section 3. 



"Sec. '4. Electors shall in all cases, except treascn, 
felony cr breach of the peace, be privileged 
from arrest during their attendance at elec- 
tions and in gcing tc and returning there- 
from. " 

Section U giver, all its exceptions, is of little value 
and can be implemented just as effectively by legislation. 
There is nc comparable section in the proposed article. 

"Sec. 5. Nc elector shall te obliged to perform lili- 
tary duty en the days cf election, except in 
time of war or public danger." 

Section 5 serves no real function, and is probably net 
enforceable. Consequently, there is nc comparable section 
in the proposed article. 



"Sec. 6. Ko 



soldier, seaman cr marine in the ariry cr 
navy of the United States shall be deemed a 
resident of this state in consequence of 



340 



tfCMANA CC&5T11UTICNAL CC N V £ K'TICN 



being stationed at an y 
[. 1 j c •--: within t h a sane." 



military cr naval 



Section fi suffers troai the sam^ limitations 
i no is redundant with that section. It tco hi 
cable section in tin proposed article, though 
intent is covered in proposed section 3. 



as section 

no ccirra- 

its basic 



/ 



"Sec. 10. 



1 1 

se> 



No person shall he elected or appointed to 
any office in this state, civil cr military, 
who is not a citizen ot the United States, 
and who shall net have resided in *-his state 
at least one year next before his election or 
ippcintment." 

All persons possessing the qualifications for 
suffrage prescribed ty section 2 of this 
article as amended and such ether qualifica- 
tions as trie legislative asseiibly aay by law 
prescribe, shall t<= eligible tc held the 
oftice of county superintendent cf schools or 
any other school district office." 

Sections 7 and 10 are cr parallel intent with section 
of th? present Constitution, and as such are revised by 
:tiCE <* cf the proposed article. 

"See. 12. Upon all questions submitted to the vote cf 
the taxpayers cf the state, cr any political 
division thereof, women who are taxpayers and 
possessed cf the qualifications for the right 
of suffrage required cf men by this Constitu- 
tion, shall equally with men have the right 
to vote. " 



Section 12 is nationally unconstitutional cr. two counts: 
property qualification fcr voting and implied disenf ranchisement 
on a sexual basis. There is no comparable section in the pro- 
posed article. 

All of the other sections cf Article IX cf the present Con- 
stitution have been incorporated or revised in the proposed arti- 
cle. 



Suffrage and elect iocs Ccmniitt 



341 



N • I I Y FECPCSA1 



BI II PROPOSES BY THE GEKEPA1 GOVERNMENT A N r CONSTITUTION AI 
AMENDMENT COfMITTEf: 



Ch it 

f cllc* s : 



be a new ft r t ic 1 e or. t h = legislature tc read as 



ARTICLE 

Section 1, "ill elections ty the people shall be by secret 
ballet. 

Section 2. Any citizen cf th? United States who is eighteen 
(1S) years cr age cr claer, and Beets the registration and resi- 
dence reguirements of the state and political sutdivis icr, is a 
gualified elector, except that nc person who is serving a sen- 
tence for a felony in -i penal institution c r w h c is judged c f 
unscund wind by a court cay vcte. 

Section 3. The legislature shall provide ty la* th? 
requirements fcr residency, absentee voting and administration cf 
elections. Voter registration pricr tc election day shall not be 
a condition for voting. The legislature shall provide fcr a 
system cf pell bcoth registration, insure the purity cf elections 
and guard against abuses of the electoral process. 

Section u. Any person qualified to vcte at general elec- 
tions and fcr state clficers in this state, is eliqible tc any 
public office except as otherwise provided in this Ccr.stit uticn , 
subject to any additional qualifications provided by the legis- 
lature . 

Section 5. T r. ail elections hela by the peccle under this 
Constitution, the person or persons receiving the highest number 
of legal votes is elected. 



/s/ Robert Vermillicn 



ZsZ_£^ter_^Fete^_Iorello 



342 



KONTANA CCKSTTIUTIONAL CONVENTION 



CC8MEKTS CN MINOEITY. PPOPCSAI 



The minority proposal differs from the majority proposal 
only in its wording cf section 3. The minority wording is as 
follows : 

Section 3. Ihe legislature shall provide by law the 
requirements for residence, absentee voting and admin- 
istration of elections. Voter registration prior to 
election day shall net be a condition for voting. The 
legislature shall provide for a system of poll beeth 
registration, insure the purity cf elections and guard 
against abuses of the electoral process. 

CCHMENTS 



and 

sect 

elim 

den 

tion 

boot 

regi 

tiire 

stat 

in 

the 

supp 



The m 
Elect 

icn ? 

inatin 
the p 
laws 

h regi 

strati 
a rd p 

ed in 

North 
state 

osedly 



air. p 
iens 

Ihe 
g ant 
otent 
is to 
strat 
en p 
lace 
his s 
Dakot 

Las 
unqu 



ur po 

is 

ch^ 
igua 
ial 

pre 
icn 
rcvi 

cf 

tudy 

a th 

e v 

alif 



se o 
cen 

rge 

ted 

vote 

vent 

for 

des 
vot 
of 

at s 

e r 

ied 



f the e 

tered 
in the 
require 
r . The 

fraud, 
twenty- 

that 
ing. 
the eff 
ince 19 
request 
e lector 



irer 

on 

word 

ment 
pri 
yet 

cne 

the 
As 

ect 

51 n 

ed 



regu 

abri 

cf 

with 

show 

the 

boot 

It i 

regi 

supp 

vote 

unti 



Ihe thr 
irement t 
dged with 
proof fc 

those wh 
r i r s t 
state of 
h regis t 
s not the 
stration 
crters o 
r fraud. 
1 proven 



ust 
o vo 
out 
r s 
o wo 
that 
Mont 
rati 

min 
beca 
f re 

The 
guil 



of t 
te is 
very s 
howing 
uld ma 
ther 
ana an 
en wcu 
ority 
use of 
gistra 

voter 

ty. 



he a i 
a basi 
trcng 
the 
intain 
e is a 
d seco 
Id net 
propos 
possi 
ticn w 
s cf B 



ncrit 

c r ig 

reaso 

neces 

regi 

grea 

ndly, 

dete 

al wh 

ble v 

ho mu 

ontan 



ity 

the 
ing 
s wh 
onary 

Nor 
(21) 

vet 

Pr 

cf p 

ct c 

lega 



y t 
ht 
ns. 
sity 
stra 
t th 
tha 
r ab 
ich 
cter 
s t s 
a mu 



prepes 
word " 
is aiE 
ich un 
purpo 
th Dak 
year 
er iray 
otesso 
ell bo 
ne vet 
1 act 



al 

regi 

ed p 

nece 

se f 

eta 

s. 

leg 
r L 
cth 
ing 
icn 



on 

stra 
r iffia 
ssar 
or r 
has 

Pol 
iste 
loyd 
regi 
insp 

aga 



Suff 
ticn 
rily 
ily 
egis 
had 
1 b 
r at 
Cm 
stra 
ecto 
inst 



rage 

" in 

at 

bur- 

tra- 

pcll 

ccth 

the 

dahl 

tier 

r in 

a 



reposal 

which 

Theref 

of reg 

tier la 

reat cf 

t laws 

uses cf 

must sh 

fraud, 

how tha 

st be a 



is 
shcul 
ore, 
istra 
ws. 

vote 
go ver 

the 
ow a 

but 
t the 
ssume 



tha 
d n 
the 
ticn 
They 
r fr 
ning 
f ran 

nee 
rath 
re w 
d in 



t the 

ct te 

burden 

rests 

must 

aud in 

pell 

chise. 

d for 

er the 

ill te 

nocent 



The questicn 
matters regarding 
the right to vote 
outdated 



arises: Should 
registration 
is basic and 



the Constitution 
te the Legislature? 



matters regarding registration te the Legislature? Sine 
the right to vote is basic and it has been thwarted throug 
outdated registration procedures, the Legislature has denie 
the right to vote and therefore, it must be set forth in th 
Constitution. 

The minority proposal specifically directs the Legis- 



leave 
Since 
)ugh 
;d 
ie 



Suffrage ind - l-jcticis Ccomi t * 



343 



latur" tc pass laws to keep the -l-cticr process free cf 
fraud. Foil bccth registration has been proven :tive i r. 
North Dakota, the likelihood cf fraud is TiriT>l ind such a 
system must t e adopted i r. M o c t a r a . 



344 



KONTANA CONSTITUTIONAI CCbVEKTICN 



APtENEJX A 



PBOPOSEC SECTION 

1 

2 

' 

U 

5 
Not replaced 
Not replaced 
Net replaced 
Not replaced 
Net replaced 
Not replaced 



^CSS_EtFE5FNCFS 

fKCFOSEE ARTICLE and SECTICN 

IX, 1 (slightly revised) 

IX, 2 (revised) 

IX, 9 (revised) 

IX, 7 (revised) and IX, 11 (re-vised 

TX, 1 3 

IX , 3 

ix, n 

IX, 5 

IX , 6 

IX, 10 

IX, 12 



Sufirage and Elections Committ e 



345 



ENEIX E 



£SCfCSAL5_CCNSIEEF|C_EY_CCH«IlIiE 

I he relic wm 9 dele oat proposals *ii j t a mined and 
considered by the ccmmitte= d u r i n y its deliberations: 



1. 



,i u ni let c l 

F :c£or_ii 



H r d m a r n 



; * i 



Lain 



4. 



62 



!5 



Brow n 



r. r d m a n n 



r ). 



131 



E u g t e e 



SiitJSCt._Katter 

a nd_E isj.es i tion 

proposal would held 
school elections in con- 
junction with ether elec- 
tions. The ccffiEittee feels 
this matter should Le 
decided ty the legislature, 
and provided for such con- 
sideration urder secticr. 3 
c £ t h a proposed Article. 

This prcpcsal would estab- 
lish three types or elec- 
tions. The ccmaiittee feels 
this matter should he 
decided ty the legislature, 
and provided fcr such ccr- 
sideraticn under section 5 
cf the proposed Article. 

This substance of this prc- 
pcsal comprises the coram it- 
t e e report. 

Ibis prcposdl Const it uti or- 
ally provided for auxiliary 

canvassing hoards. The 
ccrruii ttee feels this is a 
legislative decision, and 
allows the legislature to 
dc so in Sec. 3 cf the pro- 
posed article . 



This pre 

a system 

registrat 

eliirirati 

for vcti 

carefully 

measure, 

legislatu 

such a 

administr 

can best 



posa 
cf 
ion, 
ng 
ng. 

con 
but 
r- 

dete 
a t i o 
be h 



1 pro v 

pell 

ess 

regi 

sidere 
feels 

shoul 
r ii i r.a t 
n of e 
andled 



ides 

b 

e n t i 

stra 
coiiri 
d su 
that 

id. , 

lect 

by 



for 
oc th 
ally 
t ion 
ttee 
ich a 

the 

make 

as 

icrs 

the 



346 



MONTANA CONSTITUTIONAL CCNVEKTICN 



6. 



147 



Cat*? 



1 -. 



178 



K c K e o n 



legislature. The committee 
allows the legislature tc 
do sc ir, section 3 of the 
proposed article. 

This proposal provides for 
a presidential primary 
syst-m ir. Montana. The 
committee feels the history 
of such systeas in tfcrtana 
shews that such systetrs 
should net be Constitution- 
ally created. However, 
under the proposed Article, 
the legislature could pro- 
vide for such a system. 

The basic difference 
between this proposal and 
the proposed Article is a 
system similar tc the one 
in Delegate Proposal 131, 
and was net adopted for the 
sane reasons. 



Suffrage ind Elections Cciririttee 



347 



APFENCIX C 



WITNESSES HEARD FY t [ ? £ p 



Name_-_Af f ilia tion_-_B£§ ida rce_ z _Sutjjct 

1. Hofcert Satt - Montana Student Eresid-. nts • Association 
Helena - Registration and residency r e qu irs nients. 



2. Steven I- . Ccldiron - Kontana Stat" Lew Ir.cciria Organiza- 
tion - Helena - Suffrage and felony disqualif icaticn. 



3. J. J. Schmidt - County Clerk ar.d Recorders Association 
Great Falls - Vcte counting. 



u. Kenneth A. 'chyans - Montana Association for Retarded 
Children and Adults, Inc. - Helena - Sutlrags ar.d mental 
incompetency. 

5. Ernie Post - Montana State AII-CIO Helena - lie regis- 
tration requiretrent. 



Note: This list dees net certain delegates who spoke en 
their proposals. 



348 



MONTANA CONSTITUTIONAL CCNVENTICN 



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Constitutional Revision Committee 349 



MONTANA CONSTITUTICKAI CONVENTION 

1 '-i 7 1 - 1 '■ 7 2 

GENEHAI GCVEFNKEN1 
AST CONSTITUTIONAL AMENDMENT ccr*ITlEE EFCECSAL 
ON CCNSTI1C1ICNAL fii.'V'ISICN 



Date Reported: Eefcruary 12, 1S72 



, Chairman 



/s^_Paul_K i _Harlcw, Vice Chairman 



350 



MONTANA CONSTITUTIONAL CONVENTION 



Date: February 12, 19 7 2 

To: MONTANA CONSTITUTIONAL CCNVENTICN 

From: i neral Government and Constitutional Amendment 
C o in m i 1 1 e •': 



Ladies ind Gentle mer: 

The General Government and Constitutional Amendment 
Conmit+ submits herewith a proposed Constitutional Revi- 
sion Article, The proposed Article is intended to replace 
all sections cf the present Const itut ic n dealing with Con- 
stitutional revision. 

Th^ committee addressed itself to the basic problems 
concerning Const it uticnal revision. The ccuoiittee worked 
witn the basic purpose of making a fundamental yet flexible 
dccuner.t. In doing ho, the committee gave car2ful considera- 
tion to several citizen and delegate proposals. Our er.d 
product is composed of a majority r-pcrt. In signing this 
report, a Committee member does not necessarily endorse each 
and ?v c ry statement in it. 

The committee utilized the services cf the following 
people: James Grady (Kesearch Analyst) , Bobbie Purphy 
(Secretary) and ?ober + Skaggs (Intern) . 



Z§Z_MaiiS_Ei chart. 
Chair nan 



^s^_Paul_K i _Harlow 
Vice Chairnac 



Constitutional Fevisicn C c ir n i f * 



351 



2iMLE_CF_CCNTENlS 

Pacje 

TEXT GF KAJOSITY tECFCSAl 

COMMENTS ON MAJORITY PFCECSAL 356 



APPENDIX 

Cress reference of present and proposed Article 

Delegate proposals considered by committee 

witnesses heard cy committer 



365 
366 
367 



352 



MONTANA CONSTITUTIONAL CONVENTION 



MAJCEITY. EEC PCS At 



BE IT PEOPOSEB 5Y. IHE GENERAL GCVESNfENT ANL CC NS1 I1I11 IC N AL 
AHENCKEN1 CCt SITTiii : 

That -h:- b^> i new Article on Constitutional Revision 
to read as fellows: 



A^IICLF 

CONSTITUTIONAL REVISION 



Section 1. CONSTITUTIONAL CCKVENTIC.N. (1) The legis- 
lature, ty an affirmative vote ct t*o-tnirds of all the mem- 
bers, may at any time submit t c t h e electors c t the state 
the juestior oi whether there shall be an unlimited conven- 
tion tc revise, alter, or amend this Const it ut i c n. 



(7) The people may by initiative petition request the 
legislative assembly tc submit tc the voters of the state 
t)\-- question of whether there shall be an unlinited conven- 
tion to revise, alter, cr amend this Constitution. The 
petition must be signed by a least ten. percent cf the legal 
voters of the state, which shall include at least ten per- 
cent ct the legal vcters in two-fifths cf the legislative 
representative districts cf the stats. 

Ihe petition shall be filed with the secretary cf 
State, who shall certiry the filing thereof tc *he legis- 
lative assembly and caus^ the question tc be submitted tc 
the voters it the general election immediately following the 
legislative session receiving notice cf the riling cf said 
petition. 



(3) 



If th> 



g u s t i c n cf hclding a 



otherwise submitted to the people at scoi' 



pence 



years. 



i* 



convention is net 
time during any 
shall be submitted at the general 



election in the twentieth year following the last submission 
or such question. 



(U) The legislature, prior tc a popular vote en the 
hclding cf a convention, shall provide for a preparatory 
commission to assemble information en Constitutional ques- 
tions, tc assist th: voters, and, if a convention is author- 
ized, continued for the assistance ct the delegates. 

(5) If a majority of these vcting en the question 
shall declare in favor of sucn convention, the legislative 
assembly shall at its next session provide fcr the calling 
thereof. The number of members cf the convention shall te 



Cons': ituticnal Revision Ccniritte? 



353 



the same as the largest body of the legislative asseTtly. 
The legislature may determine whether the delegates shall be 
elected afte-r nomination by political parties, or cr a 
non-partisan basis, but they shall be elected .it *:h; saire 
places and in the sace districts as the legislative body 
determining the number cf delegates. 



(6) 
the 

meeting , 
vide f 
sary e 



The legislative assembly shall, ir. the act callirg 
convention, designate the day, hcur and place cf it; 



uu vs.i .luii, Jt'oi'-jiiaLt Lilt 'jay, iilul auu ^ia^t- i_ l j. : : 

g, fix the pay of its members and officers, and pre- 
fer the payment cf the same, together with the neces- 
expenses cf the convention. 



(7) Before proceeding, the members shall take the oath 
otherwise provided in this Constitution. The qualifications 
of members shall be the same as the highest qualifications 
required for membership in the legislature. Vacancies 
occurring shall te filled in the manner provided for filling 
vacancies in the legislative assembly, cr as ctherwise pro- 
vided by law . 



afte 

sion 
be 

tors 

sepa 

tion 

purp 

two 

ted 

ther 

take 



(8) 

r the 
s, alt 

deemed 

for t 
rate a 

and a 
ose , 
months 

and 
eon, D 

ef f ec 



The convention shall greet within three months 

election of the delegates and prepare such r^vi- 

erations cr amendments to the Constitution as may 

necessary, which shall be submitted to the elec— 

heir ratification or rejection as a whole cr in 

rticles cr amendments as determined ty the cenven- 

t an election appointed by the convention for that 

or at the next general election, but not less than 

after the adjournment thereof. Unless so subrait- 

approved ty a majority cf the electors vcting 

o such revision, alteration or amendment shall 



(9) Dnless otherwise provided, any revision becomes 
effective on the first day cf July after the cer tif icat icr 
of the election returns by the Secretary cf State. 

Section 2. CONSTITUTIONAL flEEKDZEKl BY THE LEGIS- 
LATOR!. Amendments to this Ccnstituticn may te proposed by 
any member of the legislative assembly. If adopted by an 
affirmative roll call vote of two-thirds cf all the members 
thereof, whether one cr mere bodies, the proposed amendment 
shall beccme a part of the Ccnstituticn when approved by 
either of the following procedures: 

(1) The legislative assembly may refer the proposed 
amendment to the voters of the state cf Mcntana to be voted 
on in the next general election held in the state. In such 
event the Secretary cf State shall cause the aaendment or 
amendments to be published in full in at least one newspaper 
in each county in which a newspaper is published, twice each 
month for the two months previous to the next general elec- 
tion for members to the legislative assembly. If approved 



354 



fOMANA CCNSlIliniCNAL CCSVENTICN 



by i majority cf the electors voting therecr., the amendment 
shall become a part of this Ccnstituti.cn en the first day 
ii July after certification cf the -lection returns unless 
the amendment otherwise provides; ci 



vote 

the 

tion 

the 

eiec 

such 

of 

dppr 

Stat 

stat 

peop 

whic 

the 

of t 



(2) 1 

elector 
(1) in 

next 
t i o n . I 

legisl 
tnis Cc 
cval u:i 
- .sign 
e reque 
le as p 
h even 
Secreta 
h c s e v c 



he 1 e q 
elect 

SOt !' 

w h i c h 
succ- 
f adep 
itiv^ 
nsti tu 
less r i 
ed by 
s t i n 3 
rcvi a^> 
t the 
r y of 
ting t 



isla 

no 

d n t a 

eve 
1 i n g 
ted 
asse 
t ion 

p< t 

f i 

such 

I in 

IKS 

Stat 
her-: 



t l v e a 

t to r 

:. j is 

n t t h e 
legi 
b y a t 
m b 1 y , 

or. th 
i t i c n 
ve pe 
amen d 
this 
net men t 
e cert 
on . 



efe 
pre 

a n 
si a 
wo- 
the 
e r 
is 
rce 
men 
Con 

sh 
if i 



ill 
r t 
vid 
end 
* iv 
thi 
air 
irs 
fil 
nt 
t b 
sti 
all 



y by 

he a 
ed i 
mer.t 

e a 
rds 
er. dm 
t da 
ed w 

cf 
e re- 
tut i 

net 
its 



i 

ier, 

n t 

sh 

vet 

en t 

y c 

ith 

. XI ■- 

ter 

c :. 

be 
app 



ma ]c 
dmen 
he p 
all 
m b 1 y 
e c t 

sha 

f Ju 

th 

leg 
re 1 
fcr 
ccme 
rev =i 



r it y 

t tc 

r -ce 

be r 

aft 

the 

11 b 

ly f 

s S 

a 1 v 

tc a 

ref 

ef f 

1 by 



t c 

the 

ding 

rese 

er a 

mem 

ecem 

cllo 

ecre 

cter 

vot 

a ren 

ecti 

i 



11 

vet 
sub 
nted 
gen 
b e r s 
e a 
winq 
ta ry 
s cf 
e of 
due , 
ve u 
ma jc 



call 
e cf 
see- 
to 
er al 
cf 
part 
its 
cf 
the 
the 
i r: 
ntil 
r ity 



P s 3 P 1 ~ 

oy ini 

of th 
than 1 
incl ud 
fifths 
tana . 
State, 
as to 
to be 
same 
each c 
months 
which 



e c t i o n 3 . 

cf v cn f a 

tiative ^ 

e p r o p o s 

c percent 

~ at 1 e 

o i the 1 

Ih pet 

who s h a 1 

the v a 1 

sign ■? d b y 

to be p 

o u n t y (if 

pr i viou 

time the 



CCN 
iia ma 
rcces 
= d a 

ot t 
ast 
e g i s 1 
i t i c n 
1 cau 
idity 

the 
ub lis 

such 
s to 
propc 



S'ill 
y al 
s. t 
id 3 n d 
he 1 
15 

itiv 
s s 
se t 

of 
r e q u 
hod 

the 
the 



GTIONA 

s c pre 
e t i t i o 
:». nt a 
egal v 
p e r c e r. 
e repr 
hall 
he s a m 
the si 
i r e d n 
in f u 1 
re be) 
next r 
a c s n d m 



L 
pes, 



AKEN 
C 

us sha 
n d sha 
cters 
t cf 
esenta 
be fil 
e tc b 
gnatur 
umber 
1 in a 

t wie 
egu lar 
e n t s h 



D?EN 
en st 

11 i 
11 b 

in £ 
the 
t ive 
ed w 
e eh 
es t 

cf 
t le 
e e 

sta 
all 



I 3Y 
itut 
"clu 
e si 
or. ta 
lega 

d is 
ith 
ecke 
here 

vet 
ast 
ach 
te-w 
be v 



INIT 
icnal 
de th 
gned 
n a , w 
1 vet 
trict 
the S 
d and 
en an 
ers, 
cne n 

ment 
ide e 
oted 



I MI 
a me 
- fu 
by n 
hich 
ers 
s c 
ecre 
ce 
d, i 
cau 
ewsp 
h f 
lect 
en. 



VE. The 
ndiie rts 
11 text 
ct less 
shall 
in t w c— 
f Mon- 
tar y c f 
rtif ied 
f found 
s e the 
a p e r in 
cr t we 
ion, at 



At 
mitted 



wise 



said election t h 



n th proposed amendment shall be sub- 
to the qualified electors cf the state for their 
apprcval or rejection. If approved by a inajcrity vcting 
thereon it shall become a part ct the Constitution effective 
*he first lay of July following its approval, unless ether— 
prcviied in the amendment. 



Section u. LEGAL \*CIERS. The number cf vctes cast fcr 
the office of Governor in the general election immediately 
preceding the filing of the petiticr. shall determine the 
number cf leqal vot- rs. 



Section 5. SUBMISSION. Should mere amendments than ere 
be submitted at the same election, they shall be so prepared 
and distinguished by numbers cr otherwise that each can be 
voted upon separately. 



Constitutional Revision Ccjutitt 






Section 6. GUBERNATORIAL VETC. lti€ vitc power of the 
Governor shall net extend tc jrcfcs^d Constitutional revi- 
sions or amendments. 



Z§Z_mrk_Ztchart 
Chairtran 



^s < /_Paui_K r _Harlcw 
Vic- Chairtran 



^s^_Don_E;._3elcher 

^s^_L v.rcan_W.__Chcat9 

^s^_Peter_^Pete^_Lcrellc 



Z~Z_Bruc€_£_._Er own 

^s/_Ottc_T._Hat€dank_ 
^s/_Pot€rt_yerj illicri 



356 



KCNTAN.A CCKSiniillCNAL CCNVENTICN 



COMMENTS CF fflJCFIlY FFCECSflL 



Sectici: 1. (1) The 
vot.- of two- thirds cf 
submit to the electors 
whether there shall 

: nd 



t ovise, a 1 1 < 



L » 



legislature, by a affirmative 

all th-j n. embers, it a y at any tine 
or the star* 2 the question cf 
te an unlimited convention tc 
cl amend this Constitution. 



(2) The l ;opl3 nay ty initiative petition r e c u e s * 
the legislative assembly t c submit t c the voters of the 

shall be an urlin- 

amend this Consti- 

by a least ten 

state, which shall 

in 



state th€ question of whether there 
ited convention tc r-vise, alter, or 
z u t i o n . 1 h e petition must be signed 
percent c f the legal v c t e r s c f the 
include at least ten percent cf the 
two-fifths 
c f the sta 



legal voters 
legislative representative districts 



The petition shall be filed with the Secretary cf 
. : :t^t-, who shall certify the filing thereof tc the 
legislative assembly and cause the question tc be sub- 
Kitted to the voters at the general election immedi- 
itely following the legislative session receiving 
notice cf the filing of said petiticr. 



( 3 ) If 

otherwise 



th 



is 



re- 



question cf holding a convention 
submitted to the pecfle at sen 
any period cf twenty years, it shall be 
the general election in the twentieth year bellowing 
the last sub mission cf such question. 



time during 

submitted at 



( 4 ) The legislature, prior to a 
holding cf a convention, shall provide 
tory commission tc assemble information 
ticnal questions, tc assist the voters, 
venticn is authorized, continued for the 
the delegates. 



popular vcte on the 
for a prepara- 
cn Ccnstitu- 
and, if a con- 
assistance cf 



(5) 

shall 
1 a t i v e 

the ca 
ve ntio 
legisl 
whethe 
by po 
they s 
same 
number 



If 
deel 
as 
llin 
n s 
ativ 
r th 
liti 
hall 
list 

ct 



a 
are 
sem 
SJ t 
hal 
e a 
e d 
cal 

be 
ric 
eel 



ita 

i n 
fly 
her 
1 

S S "r 

ele 

P 
el 
ts 
ega 



]cr 



ecf 

be 

mbl 

gat 

art 

ect 

as 

tes 



ity cf these voting or. the guest ion 
vcr of such convention, the legis- 
hall at its next sassier, provide fcr 
. The nunber cf members cf the con- 
the same as the largest body cf the 
y. The legislature may determine 
es shall be elected after noci nation 
ies, or en a non-partisan basis, but 
ed at the same places and in the 
the legislative tcdy determining the 



(6) The legislative assembly shall, in the act call- 
ing the convention, designate the day, hour and place 
of its meeting, fix the pay cf its members and offi- 



Constitutional tevisicr. Ccimittee 



357 



errs, and provide £ c r the p a y v e n t of the s a ir e , together 
with tar necessary expenses cf the convention. 



(7) Eefcre proceeding, the a- iters shall take the 
cath o + her his- provided ir this Ccr.s^it u: icn . The qual- 
ifications ci members shall be the same as the highest 
qualifications required for membership ir. the legis- 
lature. Vacancies occurring shall be filled ir the 
manner provided for filling vacancies in tbe legis- 
lative assembly, cr 2 s otherwise provided by law. 



(=) 

ifter t 

: i v i s i o 
:icn as 
:ed to 
i s i w h 
i-rtermi 
ippcint 
lext ge 
if tor 
j ppro ve 
. c sue 
>ffect. 



Tne 
he 
r.s, 
ma 
the 
ci- 
ne d 
ed 
ner 
the 
d t 



ccrventicn shall i?et within three nrcn 

election ci the delegates and prepare s 

alterations or amendments tc the Ccnsti 

y be deemed necessary, which shall he sutai 

electors tor their ratification cr reject 

cr in separate articles cr amendments 

by the convention and at an elect 

oy the convention for that purpose, cr at 

al election, tut ret less than twe ncn 

adjournment thereof. Cnless sc submitted 
y a majority or the electors voting there 
revision, alteration cr amendment shall t 



ths 
uch 
tu- 
it- 
ion 
as 
ion 
the 
ths 
ard 
or, 
a Ice 



( 9 ) Unless otherwise provided, any revision becomes 
effective en the first day cf July after the certifica- 
tion of the election returns by the Secretary cf State. 



Sec. 1. (1) The legislature, by an affirmative vcte cf two- 
thirds cf all the members, nay at any time submit 
to the electors cf the state the questicr. cf 
whether there shall be an unlimited convention to 
revise, alter, cr amend this Constitution. 

This subsection is identical tc the first part cf Article 
XIX, section 8 cf the present Constitution. The committee feels 
that given the additional provisions cf the prepesed article en 
Constitutional revision, this portion cf the proposed article is 
adequat e . 

Sec. 1 . (2) Ths people iray by initiative petition request 
the legislative assemtly tc submit tc the voters cf 
the state the question cf whether there shall be an 
unlimited conventicr tc revise, alter, or amend 
this Constitution. The petition must be signed by 
at least ten percent cf the legal voters cf the 
state, which shall include at least ten percent cf 
the legal voters in twe-f ifths cf the legislative 
representative districts of the state. 

The petition shall be filed with the Secretary cf State, who 
shall certify the filing thereof tc the legislative assembly and 
cause the question tc be submitted to the voters at the general 



358 



yrMANA CCNSIITCIICNAL CCKVENTICN 



election immediately following the legislative 
nctic. ci the filing of said petition. 



; e s s 1 c n receiving 



Cons 
that 
gov^ 

f ica 
+ he 
lega 

. !l * 

beca 
lous 
insu 
cent 
help 
cess 
one- 
guen 
prov 
bica 



The 
titut 

thi 
r n m e n 
tier , 
iddit 
1 vot 
ati ve 
use i 

att 
re ci 
age 
s ins 
ful p 
vote, 
t pro 
isicn 
oieral 



pec 
iona 

t li 

icna 
ers 

di 
t fe 

■ Ti ! t 
tl7C 

or 
ure 
etit 
It 
visi 

to 

or 



pie 

1 ccn 

s a 

K- f 

t( !. 

I qua 
of th 
st r ic 
els s 

s -it 

n Con 
petit 
a sou 
ion w 
shou 
ens) 
keep 
un ica 



c t a 
v e n t i 

! i .1 

n t a n a 

perc 

lific 

e sta 

t£ Of 

uc h a 
Ccn 
stitu 
icner 
ewhat 
ithcu 
Id be 
in it 
its i 
m e r a 1 



cnta 
en t 
c p 

ent 
atio 
te i 
the 

nun 
st it 
t icn 
s b 

di v 
t v 

not 
s ph 
rter 

sit 



n a d c 
y *he 
oliti 
The c 
of th 
n t h a 
n t wc 
stat 
fcer i 
uticn 
al cc 

y leg 

ersif 
iclat 
ed th 

t and 
uatic 



net 
i r it 
cai 
cmirit 
e leg 
t at 
-fift 
e te 
s h ig 
al c 
n t r c 1 
islat 
ied b 
in g 
at th 
"legi 
icte 
r . 



new 
iati 

rig 
tee 
al v 
leas 
ts o 
incl 
h en 
hang 
. Th 
ive 
cdy 
the 
is p 
slat 
rnal 



have 
ve. 
ht c 
set 
c t°i 
t t 
f th 
uded 
cugh 
e a 
e di 
repr 
cf p 

pri 
rcvi 
ive 

int 



the 

The 
f t ii 

the 
s of 
en 
e le 

in 

tc 
nd y 
visi 
esen 
etit 
ncip 
sicn 
asse 
egri 



pew 

CCffiffi 

e pe 

pet i 

the 

perc 
gisl 

that 
pre 
et 1 
en c 
tati 

iCDP 

le 

(an 
mbly 
ty i 



er t 
itte 
ople 
tier. 

sta 
ent 
a tiv 

per 
vent 
owe 
t t 
ve d 
rs c 
cf 

d al 
•« al 
n e 



c call a 
e feels 

under a 

cuali- 

te, with 

cf the 
e repre- 
centage, 
f rivc- 
ncugh to 
he per- 
istr icts 
r. a suc- 
cne-tnan , 
1 subse— 
lews the 
ither a 



Sec. 1. (3) If the guesticr cf holding a convention is net 
otherwise sutrcitted tc the people at sca.e time 
during any period cf twenty years, it shall te sub- 
mitted at the general election in the twentieth 
year following the last subirissicc cf such ques- 
tion. 

Subsection 3 cf section 1 is a further guarantee that the 
people will retain a firm hold en the power cf constituting 
government. This prevision calls for the consideration cf a Con- 
stitutional convention at least once every 20 years. The cenmit— 
tee f=els periodic consideration strengthens rather than weakens 
a Ccrstituticn and a governirent, as it builds into the Constitu- 
tion recognition cf and a remedy for changing times. While there 
is no magic number that precisely delineates the different Con- 
stitutional periods, the committee feels or the average it would 
take at least 2C years for political changes and their relation- 
ship tc the Constitution tc be clear. A shorter period cf tiite 
may subject the Constitution to changes based mere on short term 
whiirsy than considered need. A longer period may breed dangerous 
stagnation into the body politic. 

Sec. 1. (4) The legislature, prior tc a popular vote on the 
holding cf a convention, shall provide for a pre- 
paratory commission tc assemble information en Con- 
stitutional questions, tc assist the voters, and, 
if a convention is authorized, continued for the 
assistance cf the delegates. 



Subsection 4 of section 1 was added by the committee on the 
basis cf their experience at the convention. The committee 
believes that without preparatory work, an^ Constitutional con- 



Constitutional revision CcTcit* 



359 



er.ticn wculd be traversing troubled satyrs in a flimsy craft. 



Sec. 



(5) 

s ba x 
legi 
vide 
cf t 
bcdy 

I'. 1 a y 

a n a 
at 
the 
egat 



: ; 
1 

si 
t 



a it a 

dscl 

a 1 1 v e 

or t h 

COIW 

:>r t 

d e t e r m 

ted a f 

r c n— p a 
the s 

1 ; i s 1 a 



jont 
a r e 

a s s e 
e cal 
e n t i o 
he le 
i ne 
ter 
r t i s a 
a me 
t i v e 



y cr these v c t i n g on the question 
i:. la vet cf such ccr.ver.ticn, the 
mtly shall at its next sessicr prc- 
ling thereof. The number of members 
n shall be the san- as the largest 
gislative assembly. T h <= legislature 
whether "ho delegates shall be 
nomination by political parties, cr 
r. t a s i s , tut t i. e y shall t e elected 
places and i r. the same districts as 
tody deter cr i r. i rg the nuater cf del- 



3ubs-c*:ion c of section 1 mandates the legislative assembly 
tc provide for th= calling of the convention, aid tc sc£j degree 
dictates the manner in which the convention shall re called and 
iHiiiilll organized. The committee feels this is necessary, as 
wit a cut soae clear directions, the convent icr though scheduled 
and called, could te cogged dcv.r before it ever gets off the 
arcu ra. 



(See 

comp 

cons 

such 

the 

poll 

anac 

stit 

acte 

woul 

tisa 

ates 

the 

this 



The comm 

Append! 

le x i c r. of 

i deration 

a d e t e r m 

whole c 

tical par 

hronism t 

ut ional 

rized by 

d t e w h c 1 

n prcvis 

may be v 

Montana 

convent! 



it 

x 

a 

9 

in 

ou 
tx 

oai 

CO 

tc 

ly 

io 
ex 

a 

cr. 



tee 

B) 

ny 

fee 

ati 



err 
n v e 
. n 

in 
ns, 
ed 
lee 



hear 
cal 
rut ur 
Is th 
or; . 1 
y is 
as we 
cv . 
n t i o n 
meeti 
appli 
the 
and i 
tor at 



d testi 
ling f 
e cenve 
e prese 
h^ pcli 
such th 

know t 
If, in 

is cal 
ng type 
cable, 
re is a 
rr itate 
were 



mc 

cr 
nt 
nt 
ti 
at 
he 
20 
le 

c 
If 
Is 
d 

a 



ny c 

de 

ion . 

cc 

cal 

the 
m tc 
52 { 
d an 
ounc 

the 
c th 
by t 
t th 



n se 
tern 
Th 
nsti 
clim 

pre 
day 
5 C y 
u th 
ils, 

ccn 
a da 
hese 
e ma 



ver al 

i r a t i c 
e ccite 
tuticn 

ate cf 
b 1 e m s 
may he 
ears h 
e .1 c r, t 

then 
stitut 
r. g s r t 

prcvi 
ndated 



celeo, 

n of 

i + +■ ec 

she 

Sont 

cf pa 

auai 

ecce) 

ana p 

parti 

ic n 

hat f 

£icns 

part 



ate 
the 
aft 

uld 
ana 
rtis 
nt 

, an 
clic 
san 
cent 
utur 
as 
isar 



pre 

pol 
er c 

net 
and 
ansh 
hist 
cthe 
y is 
pre v 
ains 
e el 
ma 

nat 



pcsals 

i t i c a 1 

a r e f u 1 

make 

indeed 

ip and 

crical 

r Con- 

char- 

isions 

par- 

ectcr- 

ny of 

ure cf 



Sec. 1. (fc) The legislative assembly shall, in the act 
calling the convention, designate the day, hcur and 
place ot its meeting, fix the pay cf its members 
and officers, and provide for the payment cf the 
same, together with the necessary expenses of the 
ccn v-nticn. 



360 



MONTANA CCNSTITUITCMAL CONVENTION 



ability tc 1 c 

Sec. 1. (7) Before proceeding the members shall take the 
oath otherwise provided in this Constitution. The 
qualifications of members shall be the same as the 
-st gualif icaticrs required for membership in 
the legislature. Vacancies occurring shall te 
rilled in the manner provided for filling vacancies 
in the legislative assembly, cr as otherwise pro- 
vided by law. 



Subsection 7 was designed 
continuity of the convention 
such measures are necessary tc 
task, and that such assistance 
t u t i c n . 



by the committee to help insure 
itself. Again, the committee feels 
assist future conventions in their 
should te prcvided in the Ccr.sti— 



S^c. 1. ( 8 ) 1 h e convention shall 
after the electicn cf 
such revisions, alterati 
Constitution as may t 
shall Le submitted tc 
ratification or rejectic 
articles cr amendments a 
tier, tor that purpose, o 
ticn, but net less t 
adjournment therecf. C 
approved by a majcrit 
thereon, nc such revisic 
shall take effect. 



meet within three months 
the delegates and prepare 
ens cr amendments to the 
e deemed necessary, which 
the electors for their 
n as a whele or in separate 
s determined by the cenven— 
r at the next general elec— 
han two months alter the 
nless so submitted and 
y cf the electcrs voting 
or amendment 



n, 



alteration 



Subsection was also designed tc help structure future ccn— 
ventiens, but as with ether sections, the structuring is flexible 
enough tc allow for changing conditions. 

Sec. 1. (9) Unless otherwise prcvided, any revision tecomes 
effective en the first day cf July after the certi- 
fication of the electicn returns by the Secretary 
cf State. 



Subsection 9 allows the convention tc provide for its own 
adoption schedule, and it alsc provides a general guideline and a 
schedule should some revision net be scheduled by the convention. 

Secticr. 2. CONSIIIUIIONAL APENEfEM. Amendments tc 
this Constitution may be proposed ry any member cf the 
legislative assembly. If adopted by an affirmative roll 
call vote of two-thirds of all the members thereof, 
whether one cr mere bodies, the proposed amendment 
shall become a part of the Constitution when approved 
by either cf the following procedures: 

(1) The legislative assembly may refer the proposed 
amendment to the voters of the state cf Montana to be 



Constitutional 



Revision Committer 



361 



v o t € d 
state. 

the a 
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lection hell i 
y of State shall 
e published in i 

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nth fct th c twe 
lee tier, fcr meinb 
rcved by a irajcr 
a ir^rdme rt shall 
e first day cf 
ice r-tuir. s nnl? 



r the 

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become 

July 

s s the 



(2) 

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refe 

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such 

me a 
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Ccr: 
enf s 
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t ir g 



rri iy 
r the 
as pr 
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ed ing 
. If 

legi 
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Seer e 
voter 
red 
s t i t u 
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te ce 
there 



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cv 



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ct 
it 
ta 

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rt 
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a is a j 
ne rduie 

ided i 
he a w e 
legisl 
cpted 
ative 
this 
s appr 
ry cf 
the 
vet 
for 
be 
ies 



c t 

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c :. 
ct 

if 



c r i 1 
nt t 
n th 
nd up 
a tiv 
L y a 

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Ccrs 
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Stat 

sta 

C Q f 

ref 
c c s e 

its 



y re 
o th 
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nt e 

two 

errbl 

titu 

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e si 

te r 

the 

sren 

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11 call 
vc l t 
e c e d i r. g 
hall be 
sse tr b ly 
-thirds 
V , the 
tier en 
1 ?ss a 
qr.ed by 
ecuest- 
pecple 
•1 u it , in 
feet i ve 
cval by 



The introductory paragraph to this section establishes one 
method by which constitutional amending may be commerced. It is 
irrportar.t tc note that two-thirds cf the ireirhers of the total 
membership cr the legislative assembly is required tc begin the 
amending process. 1 h i s means that i r a bicameral situation with 
20 mem-cers ir. the upper house and HZ members in the lower house, 
a vote of the lcw^r house would be sufficiert tc begin en the 
vote of 20 members cf the upper house and 13 members cf the lewer 
house, cr 



cr e in c e r : 
J4 ;y 2/3 



mixture cf the membership. 



The committee feels such a measure is restrictive encugh to 
prevent frivolous legislative acticr. , yet is cper. enough tc ever- 
come stringent opposition cf a few well-placed members of one 
bicameral house. If the provision were 2/3 cf the members cf both 
houses in cur hypothetical legislature 7 members cf the upper 
house could thwart the wishes cf their 53 fellow legislators. In 
that situation, the nluralxty cf elected officials necessary tc 
achieve a legislatively originated Constitution amendment is 90 
percent cr 9/1C rather than 2/3. 



Tc facilitate flexibility, the committee has provided fcr 
two proposed metheds cf constitutional amendment by the legis- 
lature. The lirst procedure (outlined ir. subsection 1 cf section 
2) is analagcus to the method of amending the Ccnstituticr ir. the 
present Constitution's Article XIX, section 9. The proposed 



362 



MONTANA CCNS1I1UTICRAL CC l» VE 11 IC N 



section, 

til c 

Jpt i 
In en ■-' 
Cons titut 
of tail u 
XIX , 
jour 

stitut ion 

pros . 
the next 
passes t h 
takes e 
this proc 
the vet e 
the peopl 
this c h e c 



however, dees ret yc into the cumbersome procedural 

present Constitution. This cumbersome 

a burden to often-popular Constitutional change. 

ince the Supreme Court cf fentana voided a proposed 

• tor the slight procedural irregularity 

icllow T enst ituticnal directive in Article 

i cn i jnd : the proposed amendment in full in the 

both houses [Octree, v.._tjar£tr, 22 Mcrt. 35U (1899)] 



amen 
le 

ess, 
rs, 
e. T 
k on 



en <; 

: II • n \ 

g i s 1 a 

s- ml 1 

t on 

as t 

c a u s 

he sin 

legi 



■ : - ■ 

by 

r i v ■- 

y by 
th 
hey 



ect ion 



2 provides fcr a rev method cf Ccn— 
er the legislature has once pa 



sed a 
referred to 



the required 2/3 vote, i f is 

assembly. If the proposed amendment again 
the necessary 2/3 vcte, the amendment 
specified day. The people have a check en 
can, with a petition frcm five percent 
^uch an amendment to 



of 



directly vcted en by 



all percentage cf required petitioners 
siative abuse extremely viable. 



makes 



t i o n a 1 
t h a n p 
the c c 
a bill 
ncmic 
petiti 
view s 
also 
dacisi 



ne of the bigger assets cf this new method cf Ccr.stitu- 
amendment is economy, legislative action is much cheaper 
opular action wher. the cost cf an election is compared with 
st of a fairly routine legislative function, the passage of 
. Yet the state dees not lose careful consideration to eco- 
benefit. The people, in addition to the explicit check cf 
en or^viously discussed, have the check cf making their 
known in the time span between legislative sessions. They 
have the epportunity tc choose these who make the final 
en after th-:- substance cf the decision has been stated. 



Section 
Const itut 
tions sha 
a mend m snt 
cent of 
include a 
fifths c 
Montari i . 
t a r y of 
and certi 
thereon 
number of 
full in 
there be) 
the next 
proposed 



3. Th 
icral 
11 incl 
and s 
the le 
t least 
f the 
The pet 

State, 
tied as 
and , i 

voters 
at leas 

twice 
regular 
a irendme 



e peop 
airerdni 
ude t 
hall b 
gal v 

15 pe 
1 ogisl 
i t i c r. s 

who s 

tc th 
f feu 
, caus 
t one 
each id 

state 
nt sh 



le of 
e n t s b 
he f u 
e sign 
cters 
rcent 
ative 

shall 
hall c 
e val 
nd tc 
e the 
newspa 
onth f 
-wide 
all be 



Mont 
y in 
11 
ed b 

in 
cf t 
repr 

be 
ause 
idit 
be 
same 
per 
or t 
elec 

vet 



ana may 
itiative 
text cf 
y net le 

Montana 
he legal 
esentati 
filed wi 

the sam 
y cf t 

signed 
to he 
in each 
wc menth 
ticn, at 
ed on. 



also p 

process. 

the pr 

ss than 1 

, which 

voters i 
ve distri 
th the 
e to be c 
he sign 
by the re 
publish 
county (i 
s previo 
which ti 



repose 
Peti- 
cposed 
5 per- 
shall 
n two- 
cts cf 
Secre- 
hecked 
atures 
quired 
ed in 
t such 
us to 
me the 



At said election the proposed amendment shall be sub- 
mitted to the qualified electors of the state fcr their 
approval or rejection. If approved by a majority voting 
thereon it shall become a part cf the Constitution 
effective the first day cf July following its approval, 
unless otherwise provided in the amendment. 



Constitutional Fevisicn Ccimittee 



363 



S 
the c 
a m € n d hi 
body 
will c 
ma eh in 
petiti 
cent p 
high, 
strict 
imp crt 
high, 
p o p u 1 a 
by the 
checK 



ectio 
acple 
e n t s . 
pclit 
f t h e 
ery 
en re 
etiti 
but 
stan 
ant 
the c 
r -3 n 
peop 

5IIdt 



n 3 
of 

The 
ic 

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r cr 
quir 
cr r 

t h a 
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a s 

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l€. 

ic w 



cc 

tab C 

pie 

cX 

? IT = 

jqu 
c 

s w 
Con 
tte 
ede 

The 
him 



the p 
ontan 
it tr i 1 1 
se C 
.The 
press 
nts a 

cnirit 

hen d 
st it u 

e dee 
d Con 
stan 
sy. 



repe 

a# 

ee f 
enst 
cci 
ing 
nd t 
nt a 
t g e 
eali 
ticn 
s no 
stit 
dar d 



s e d 

the 

eel 

it u 

it it 

thi 

he 

nd 

fee 

ng 

al 

t f 

uti 

, t 



s t 
tic 
te -; 
s w 
ad n 
the 
Is 
wit 
ch 
eel 
cna 
he 



ticl 
ight 
his 
n i s 
•s p 
ill 
ir. is 

it ; 
h s( 
ang ; 
i t 
1 r- 
ccrn 



e cr 

tc 

is a 

tc 
ropo 
th re 
trat 
cqra 
s nc 
ireth 

A 
is 

f c r al 
it te 



eate 

ini 
n ir. 
te t 
sal 
ugh 
icn 
r. hie 
t un 
ing 
lthc 
so 

s cc 
e f e 



s a 

t ia t 
he te 
he e 
sets 
est a 
r roc 
al 

re as 
as 
ugh 
high 
uld 

3ls. 



new 
e Ccns 
nt ri 
hi fc c d i n 

up 
1 1 i s h ir 
2 s s . T 
teguir 
onatle 
f undam 

the s 

that 

net be 

will 



pewe 

titu 

qht 

ent 

the 

ent 

he 1 

emeu 

tc 
en + a 
tand 

ir.i 
oper 



r f cr 
t i c r. a 1 

in a 
cf the 

exact 
cf the 
5 per- 
t are 
\~ ward 
1 and 
ard is 
e s s i n g 
tiate d 
ate to 



Section U. The ruiiter ct votes cast fcr the office 
of Governor in the general election inirediately pre- 
ceding the filing of the petition shall determine the 
number of legal vcttrs. 



Section 4 of the Article is merely an administrative and 
technical section in that it defines the number cf legal vcters 
ror computation cf the petiticr requirements. It dees not and 
cannct be used tc infringe and inhibit the initiative and refer- 
endum processes through technical circumvention. Indeed, this 
section, by setting up such a standard, guards against such 
abuses . 



Section c . Shculd mere aner.dirents tnan cne be suh- 
mitted at the same electicn, they shall te sc prepared 
and distinguished by number cr otherwise that each can 
te voted upon separately. 

.Section 5 is designed to aid vcters in casting their votes 
on Constitutional issues, and as a check en the possible action 
cf grouping several issues under ere innccucus title. 

Secticn 6. The veto power cf the Gcverncr shall net 
-xtend tc prepesed Constitutional revisions cr amend- 
ments. 

The committee feels that one man, the Gcverncr, should net 
have the power to override proposed Const itutic nal measures when 
the requirements fcr proposing thess measures are as stringent 
as this article creates. 



Th? proposed articles en Ccnstitutional revision are lengthy 
and at times somewhat detailed. However, the committee feels 
this necessary. This is the article that tc a large degree deter- 
mines whether this Ccrstitu ticn , and through it the state, will 



364 



MONTANA CCKSlIiniCNJL CONVENTION 



be l! xitle cr ticzen, responsive cr rigid, basic or 
r tc hit i happy and workable rrediun ir the dil< 



erratic. In 
ana of these 



determinations, the- process tor control and change of a Ccnstitu- 
ticn must be clear. This clarity can he thwarted by a +wc— edged 
sword: on the cr..- hand, there irust be er.cugh detail to spell out 
procedure am : idily accomplish desired ends. On the ether hand 
letail must net proliferate and degenerate into entrapping 
trivid that obscures and thwarts the desired end. The committee 
feels this proposed article selves the prcbleir. 



Constitutional Fcvisicn remittee 



365 



APPENDIX A 
CRCSS FEFEBENCES 



PROPCSED SECTIO 
1 



3 
U 
5 



PRESENT ARTICLE & SECTION 

XIX, 6, with 
revision 

XIX, 9, with 
revision 

None 

None 

None 

None 



366 



MONTANA CCN£T1*U'71CNAL CONVENTION 



AFFESEIX F 
PROPOSALS CCNSICFPEC EY CCPCIllEE 



[h- following delegate proposals acre examined and ccnsid- 
ered by t coffiioittee during its delibera- 

tions: 



1. 



N u irL e r of 
£iO£Csal 

_ 1 






3. b£ 



jncnscr 
M a h o re y 



Sub Ji£i_ti^ttp r 

This proposal established procedures for 
1 jislative and initiative Ccnstit uticnal 
amendments, and prohibited gubernatorial 
v^tc on Constitutional revisions. It was 
revised and irccr pcrated in section 2 of 
the proposed article. 

This proposal dictated nonpartisan elec- 
tions tcr uturf Co est i t uticnal conven- 
tions. It was revised and covered in 
section 1 cf the cctPitittee proposal. 



Harbaugh This proposal called for periodic consid- 
eration cf Constitutional ecrvertiens, 

1 o 



harden 



and wa s 
section 1 . 



revised and incorporated 



1. ^4 



5. 1C6 



Hatedank A revisal cf this prcpcsal comprises the 
comir ittee re pert. 

Artanas This proposal deals with the Constitu- 
tional convention process, and as such 
was revised and covered in the committee 
report. 



Constitutional F -; vision Ccmtrittee 



367 



APPENDIX C 
«Il KE £S£S_HEARP_BY_CCgKI11£E 

N^Si_-_iif tiiiiii22_z_^iSidencf _-_Sufc ject 

1. Duane Helker - private citizen - Hamilton, font. Constitu- 
tional revision, imposition of limitation or future actions. 



Note: This list does net include delegates who 
their particular proposal. 



;pcke ir favcr cf 






MCN1ANA CONSTIIU'ITCNAI CC1>VEKTICN 



Legislative Committee 369 



KCKTANfl CONSTITUTIONAL CONVENTION 
1971-1972 

LEGISLATIVE CCCKITTEE EFCFCSAL 



Date Fepcrted 



/s^_Ha.2£us__Aashei b , Chairaan 



/s/_Jercffle_T i _Loendcr f , Vice Chairnar, 



370 



MONTANA CONSTITUTIONAL CONVENTION 



"lALLt CI CC NT I NTS 



LETTEF CF TRANSMITTAL 

TEXT CP UNICAMEFAL MAJOFITY PFOPCSAL , 

COM HI NTS ON UNICAMERAL KAJCFITX FFCEC5AL 

Section 1 . P c w e r a n d Structure 

t i c i 2 . S i 7 • 

S-cticn J. rlcCticr. and t e r m ct zeu\ ers 

;tion '- . Qualifications 

Section 5 . Compensation 

(1) A r n u a 1 salary 

(^) Salary cciririssicr 

Section 6 . Sassier. £ 



Section 7. Vacancies 
Section 3 . Immunity. 



Section 9 . Disqualification 

Section 10. Organization and procedure 

(1) General organization., 

(2) Daily business 

( 3 ) Open meetings 

(4) Notice 

(5) Committees 



Section 11. Bills 

( 1 ) Original purpose 

(2) Recorded vote . . . 

(3) Majority vote... 

(4) Single subject.., 



Page 

, . 374 

, . 376 

, . 381 

, . 381 

. . 382 

, . 383 

. . 383 

. . 383 

. . 383 

. . 383 

. . 384 

. . 385 

. . 386 

. . 386 

. . 386 

. . 386 

. . 387 

. . 387 

. . 387 

. . 387 

. . 388 

. . 388 

. . 388 

. . 388 

. . 388 



Legislative Ccmiiittee 371 

(5) General apprcpriaticrs 389 

(6) State appropriations 389 

Section 12. Lccal and Special Legis latic n. 389 

Section 13. Veto 390 

(1) Tirre liirits 390 

(2) Item veto 390 

( ' ) Veto 390 

(4) Amendatory vetc 390 

(5) Limitations 391 

Section 14. Impeachment 391 

(1) Jurisdiction 391 

(2) Procedure 391 

(3) Requirements 391 

(4) Dcuble jecpardy.. 391 

Section 15. Districting and apportion aert 392 

(1) Single-member districts 392 

(2) Selection of ccitirissicr 392 

(3) filing date 392 

(4) Seconsideraticr cf plan 392 

(5) Supreme court 393 

(6) Force of law 393 

Section 16. The people's advocate 393 

(1) Appointment 393 

(2) Responsibilities 394 

TEXT OF EICAMERAL MAJORITY PROPOSAL 395 

COMMENTS ON EICAMERAL MAJORITY ERCPCSAL ...400 

Section 1. Power and structure 400 



372 MONTANA CONSTI "I L1ICN AL CONVENTION 

Section 2 . Size 400 

t io n i . Election 3 n d term c r id e m t e r s 401 

ectioi 4. . lalif icat icns 401 

:ticn t. Compensation 401 

( 1 ) A i. r. u 1 1 salary 401 

(^.) Salary commission 402 

Section 6. Sessions 402 

Section 7. Vacinciet 402 

Section 3 . I H 1 unity 402 

Section 9. Disyualif icat ion 402 

Secticn 1C. Organization and [roctdur^ , 403 

(1) General organization 403 

( 2 ) raily business 403 

( 3 ) Pr oce ed in g s 403 

(h) :;ctice 403 

(5) Committees 404 

(fc) Ad jo urn inent 404 

(7) Conference committees.... 404 

Section 11. Pills 404 

(1) Original purpose..... 404 

(2) Kecord&d vet-: 405 

(3) Majority vote 405 

(4) Single subject 405 

( c ) General appropriations 405 

(b) State appropriations 405 

Section 12. Local and special legislation 406 

Section 13. Veto 406 



Legislative Ccmcittee 373 

(1) Time 1 1 a its 406 

(2) Item veto 406 

(3) Veto statement 406 

( 4 ) Amendatory vetc 406 

(5) Haiti tiers 406 

Section 14. Impeachment 406 

( 1 ) Jurisdiction 406 

(2) Procedure..., 406 

(3) Requirements., 407 

(ii) Double jecpardy 407 

Section 15. Districting and appcrt icr aert . . . . 407 

< 1 ) Single-member districts 407 

(2) SflcCticn of cctrnissicr 407 

(3) Tiling date 407 

(4) Reconsideration cf tl^n 408 

(5) Sucre tn e court 408 

(r) Force cf law 408 

Section 16. The people's advocate 408 

( 1 ) Appointment 408 

(2) Responsibilities 409 

TEXT 05 BICAMERAL KINOEITY PROPOSAL 410 

ftPPINIIX 

Cress rererence of present and proposed article.... 416 

relegate proposals considered ty cemffitte? 417 

witnesses heard ty committee 418 

roll call sheets 422 



374 



*ON1ANA CONSTIT0T1CNAL CCM/ENTICN 



Date: February 16, 197 2 

Tc: MONTANA CONS1IT0T ICN AL CCNVEK1ICN 

"rcn: Legislative Committee 



Ladies and Gentlemen: 

The Legislative Committee subnits herewith a proposed new 
Legislative Article which combines Article V and Article VI cf 
the frtt^nt Constitution. The proposed article is intended to 
replace all sections of Article V and Article VI of the present 
Constitution with the exceptions cf the procedure for submitting 
initiative and referendum petitions, and the procedures for 
legislative action in times cf emergency, which were assigned to 
the committee en General Government. 

Throughout its deliberations , the ccminittee has addressed 
itself tc drawing up, to the best cf its ability and judgment, a 
proposed Legislative Article containing choices between a 
bicameral and a unicameral Legislature. The bicameral and unicam- 
eral proposals are both submitted as majority reports. 

It is the committee's recommendation that the unicameral and 
bicameral proposals should te presented en the tallct as alterna- 
tive legislative articles. 

The proposed revisions in the majority reports include major 
sutstantive changes, procedural and technical improvements, and 
stylistic changes in the language. Moreover, the legislative Com— 
irittee proposes a mere coherent and unified organization of the 
article than the existing ere. 

The unicameral and bicameral reports, for the eost part. 



Legislative Ccmirittee 



375 



diff-sr cr.ly as tc trie structure cf the legislature. 

Minority reports express variance rrorr the- thinking cf the 
irajcrity cf the members. 

The members cf this Committee, by signing the otajcrity 
report, do net necessarily endorse each and every statenert con- 
tained therein; mi d minority reports en various sections are also 
presented in this repcrt. 

The ccBfiitt^c utilized the testiccny cf many witnesses. A 
list cf witnesses is contained ir, this r^pcr*. 

The comirittee wishes tc express its thanks tc Fichard P, 
Bechtel, its Kesaarch Analyst and, Judith A. Pratt, its secre- 
tary, and Steve Jones, its Student Intern. 



^s^_Panciu£_ iashein_ 
Chairman 



Vice Chair ira n 



376 



MONTANA CONSTITUTIONAL CONVENTION 



i'AJCrilY FFCPCSAL 



BE IT PROPOSED BY. THE LEGISLATIVE COMMITTEE: 

Ihat there te a new Article cr the Legislature tc read as 
f c 1 lews : 



ABTICLE V 



THE LEGISLATURE 



ANC STRUCTURE. The legislative pewer cf 
the legislature, consisting cf cne chamber 
senators. The pecple 



Section 1. ECfcEB 
the state is vested in 
whese members are designated 
themselves the pewer cf initiative and referendun. 



reserve to 



Section 2. SI 
by law, but there 
members. 



ZE. The number cf senators shall te prescribed 
shall te no less than 75 and nc mere than 100 



Section 3. ELECTION ANC TEFKS CF MEMEEFS. A senator shall 
be elected fcr a term cf four years. One-half cf the senators 
shall be elected every two years. A senator's term shall tegin or 
a date provided ty law. 

Section 4. QUALIFICATIONS. A legislative candidate shall be 
a qualified voter. He shall te a resident cf the state fcr at 
least one year, and a resident cf the district from which he 
seeks election for at least six months preceding the general 
election. 



Section 5. COMPENSATION. (1) Each member of the legis- 
lature shall receive an annual salary and such allowances as may 
be prescrited by law; provided that no legislature shall fix its 
own compensation. 

(2) A salary commission shall te created ty the legislature 
to recommend legislative compensation. 

Section 6. SESSIONS. The legislature shall te a continuous 
body fcr two year periods beginning cr the date newly elected 
members take office. Any business, bill, cr rescluticc pending at 
adjournment of a session shall carry over with the same status tc 
any further session of the legislature during the tiennium. The 
legislature shall meet at least once a year it regular sessions 
of 90 legislative days cr less. Any legislature may increase the 
limit on the length cf any subsequent session. The legislature 
nay be convened in special sessions by the governor cr at the 
writter request cf a majority of the members. 

Section 7. VACANCIES. A vacancy in the legislature shall be 



Legislative Cctniiittee 



377 



filled by special electicr rcr the unexpired term unless other- 
wise provided by law. 

Section S. IMMUNITY. The di embers cf the legislature shall, 
in all cases, except felony ard breach cf the peace, te privi- 
leged from arrest during their attendance at the sessions cf the 
legislature, and in going tc ana returning trcm the same; and for 
any speech or debate in the legislature, they shall net be ques- 
tioned ir any c t b t- r place. 

Section 9. DISQUAlIf ICATICN. he legislator shall, during 
the time £cr which he is elected, te appointed tc ar.y civil 
office under the authority cf the state cf Montana created during 
such tine. 

Section 10. C 5GANIZ AT IC N AND ErCCcEUf-E. (1) The legislature 
shall judge the electicr and qualifications cf its members and 
may by law vest in the courts the trial and determinat icn cf con- 
tested elections or its members. It shall choose its officers 
from aircr.q its members; keep a journal; sake rules fcr its pro- 
ceedings; ar.a may expel or punish a member with the concurrence 
of two-thirds of all its members. 

(2) A majority or the membership cf the legislature consti- 
tutes a quorum tc do business. A snaller number may adjeurr frcm 
day to day and compel attendance cf absent members. 

(3) All proceedings cr the legislature, including ccamittee 
meetings, shall te cp_n tc the public. 

(4) Alequate public notice of ccmrrittee hearings just te 
given. 

(5) The legislature may establish interim committees which 
may meet and exercise all legislative authcrity delegated tc 
then. 

Section 11. BII1S. (1) A law shall be passed by bill, and a 
bill shall net be sc altered cr amended cr its passage through 
the legislature as to change its original purpose. 

(2) On any vote which advances cr cnanges the status cr 
substance cf a bill, resolution, cr rule the vcte cr each member 
must te recorded. 



(3) A bill shall become law upon a majority vcte cf the 
meirbers present. 

(4) Zach bill, except general appropriation tills, and 
bills for the ccdificaticn and general revision of the laws, 
shall certain enly cue subject. A law may be challenged on the 
grounds of non-compliance with this section within one year after 
its effective date but net after that period. 



■A7H 



MONTANA CONSTITUTIONAL CCNVFKTICN 



( r ) ;•!. tal appropriation tills shall certain only apprc- 

priatiens fci the ordinary expenses cf the legislative, executive 

judicial departments of the state, interest on the public 

■ bt and fcr public schccls. All ether appropriations shall te 

made by sepai it. till, each ccrtairinq tut one subject. 

(6) Nc appropriation shall he made for religious, charita- 
ble, industrial, educational cr tei. evclent purposes tc any pri- 
vate individual, private association, cr private corporation net 
under control cf the state. 

Sectici: 12. LOCAL AND SEECIAI LEGISLATION. The legislature 
may net pass a special or local act wh c n a general act is, cr can 
be made, applicable. 

Section 13. VETO. (1) Every till passed by the legislature 
shall te presented tc the geverner for his approval ard shall 
become law it he neither approves nor vetoes it within 5 days 
while the legislature is in session cr withir 25 days after the 
legislature has adjourned. 

(2) The gcv-rror may veto itens in appropriation tills. 



(3) The governor shall return any vetoed bill with a 
lent of his objections tc the legislature. 



state- 



(U) The legislature, upon receipt cf a veto message, shall 
reconsider the vetoed bill cr item. The legislature may amend a 
bill tc eliminate the objections cf the governor, and return the 
bill to the governor for reconsideration. The legislature may 
override the ve+c by an affirmative vote cf t«c-thirds cf the 
members present. 

(5) The governor shall ret have vetc pewer ever resolu- 
tions, initiative and referendum measures. Constitutional amend- 
ments, and appropriations fcr the legislature. 

Section 1<4. IKFEACEMENT. (1) The governor, executive offi- 
cers, heads cf state departments, judicial officers and such 
other officers as may be made subject tc impeachment by law may 
be removed from office upon conviction cf impeachment. Cther pro- 
ceedings fcr removal from public office for cause may te provided 
by law . 

(2) The legislature shall prcvide fcr the manner, procedure 
and causes fcr removal by impeachment and shall prcvide fcr a 
tribunal. 

(3) Impeachment can te brcught only by a two-thirds vote of 
the senate and no conviction fcr impeachment shall be made except 
by a vote of two-thirds cr more of the members of the tribunal 
hearing the charges. 



(4) Such conviction shall only extend to removal frci 



Legislative Ccmirittee 



379 



office a i 1 



disqualification tc held and enjcy any cffi.ce under 
the state, but the party, whether 



also be liable tc prosecution 



ccnvict-i or 
according tc law 



acquitted, shall 



Section 15. DISTRICTING AN£ AFPCBTICNMENT . (1) Fcr the fur- 
pose ol sleeting members cf the legislature, the state shall be 
divided irtc an many districts as there shall he members cf the 
legislature. c ich legislative district shall consist cf compact 
and contiguous territory and be sc nearly eoual in pcpulaticr as 
is practicable. 

(?) Immediately upon enactment of this section and in the 
session preceding each census made ty the authority cf the United 
states a committee of tcur citizens, rcr.e cf whem may be public 
officials, shall be designated to draft a plan for redist r icting 
and reapportioning the state into legislative and ccr.gre ssional 
districts. The majority and minority leaders cf the legislature 
shall each designate two ccamissicrers. The fcur commissioners, 
withir 2C days after their designation, shall select the fifth 
member, who shall serve as chairman of the ccnaissicn. It the 
fcur members fail tc select the fifth member within the tine pre- 
scribed, a majority or the supreme ccurt shall appoint the chair- 
ma r. . 

(3) No later than 90 days after appointment cf the chair- 
man, cr following the official reporting cf each federal census, 
whichever is later in time, the commission shall file a plan with 
the secretary cf state. 



(U) Any person aggrieved by the preliminary plan shall have 
3 days to file exceptions with the cemtrissier in which case the 
commission shall have 3C days after the date the exceptions were 
filed tc prepare and file a revised plan. If no exceptions are 
fil^d within 3 r days, or if filed ard acted upen, the ceir mis- 
sion's plan shall be final and have the fcrce cf law. 



(5) Any aggrieved perscn may file an appeal frcn the plan 
directly tc the supreme court within 30 days after the filing. If 
the appellant establishes that the final plan is contrary tc law, 
the supreme cour 4 : shall issue in crder remanding the plan tc the 
commission and directing the ccmirissicn tc reapportion and redis- 
trict in a manner not inconsistent with such crder. 

(6) when the supreme ccurt has finally decided an appeal 
taken, the reapportionment plan shall have the fcrce of law and 
the districts shall be used thereafter in elections tc the legis- 
lature until the next reappcr tienmen t is reguired. 

Section 16. THE PECELE'S ADVCC2TE. (1) The majority and 
minority leaders of the legislature shall together appcint the 
people's advocate. 



(2) The people's advocate shall have the duty to provide 
information tc any perscn upon request relating tc government; 



380 



KCNTANA CCNSIITUTICNAL CCI^VEKTICN 



and shal] hav€ subpoena ^cwfi and authority tc investigate en 
complaint or en his cm; initiative ary act cr emission cf any 
agency cf governm nt, ind take appropriate action. The legis- 
Latui ;hall prcvid« ror this office and its operation. 



zsz_£§^ nus__rashei& 

Chairman 



Z^Z_^££2IS_2i_l£ii3^crf 
Vice chairman 



Z^Z_5ll££_2^i£i. 



/s^_Da£hne_Bua ( t€€_ 



Z§Z_Ge orge_ Harder, 



ZlZ_l2£Ifi_^£i]Il§2£. 



Z^Z-ilchr^L^u t hcld_ 



Z§Z_£i£tl£E;3_.!iutt ing, 



Z§Z_£^e_Nan_£Ob irscr 



^s/_Miles_Rc ff nej_ 



Jercae_Cate 

(original unsigned) 



ZlZ_I°£ert_Kelleher 



^/s/_ Ar lyne_Reichert_ 



Carman_Skari 

(original unsigned) 



legislative Ccmnittee 



::si 



be 



COMMENTS CN MAJCFITi PFCFCSAI 

Section 1. POSEB ANC STRu'CTCBE. The legislative 
fcvi^r c f the state is vested ir the legislature, ccr- 
sisting of cne chamber whcse members are designated 
senators. Ihi people reserve to themselves the power cf 
initiative a r, d referendum. 

COMMENTS 

The ccmiaittee believes that a unicameral legislature would 
uperior to a bicameral legislature for the following reasons: 



is 



(1) Rural Hf £E§sentat icr_. No matter which 

adopted — bicameralism or unicameralism — actual representation of 
rural and urban areas will be proportionally the same because 
both must be based en the supreme court's "cne man, one vote" 
axieff. However, in a unicameral legislature, unlike a 



bicameral 
is not 



based en the supreme 
However, in a unicameral legislature, unlike 
legislature, rural district representation 
counter-balanced by larger senate districts that are stacked in 
favcr of urban centers. In large districts, rural areas are 
thrown into districts with urban areas. 

< 2 ) 2§iil2§£ii£i2SA According tc the Kcdci_state_Ccnst ituticn 
there is no data to support the claim that two houses result in 
better policies and more carefully written laws, or that a second 
house is a constructive check against hasty action. In fact, a 
study cf socend review made for the Maryland Constitutional Con- 
vention stated that the amount of review by the second house did 
not justify the cost of bicameralism in Earyland. 

However, there are many studies which shew that a unicameral 
legislature results in tetter policies, mere carefully written 
laws, and mere thoughtfully considered legislation. A study which 
compared the unicameral and bicameral legislatures of Vermont 
proved that the laws passed by the unicameral were 98.07 percent 
more stable. In etherwerds, the unicameral legislature wrcte bet- 
ter laws. A 1954 study cf American state legislatures states that 
of all the American legislatures, the Nebraska unicameral gave 
its tills the best consider a ticn . 

In fact, the study mentioned that the Nebraska unicameral 
legislature was too careful. A 197C study by the Citizens Confer- 
ence of State Legislatures ranked the Nebraska unicameral legis- 
lature first in the nation in accountability. 



( 3 ) L°*iiI_£2§i_SIi3_§E£3ter_Inde£end€nce_. Money is saved in 
a unicameral legislature through the elimination of duplication 
in staff, printing, and ether legislative operating expenses. The 
money saved should be used for well paid staff, the single most 
important factor in counter-balancing lobbying pressures and 
assuring intellectual independence. 

(4) JL£Countat^e_and_Visible_. There can be no "buck passing" 



382 



KCNTANA CONSTITUTIONAL CONVENTION 



frcm hou; tc house. A leyislatcr will carefully consider his 
cause there is no cth<=r hcuso tc rlame. The laws are 
passed in » "fish bcwl". 

( q ) J_l__i___kiiiill^i Political deadlocks and impasses will 
bo i i i 1 ■ . 3h people want a legislature that is structured 
to reflect th- will cf the trajcrity instead cf ere that 
traditionally operates tc protect the will ct the minority. 

(*) _ii^icul^_icr_Lot,t_^ists_tc__Ccr;t rcl_. In a unicameral 
body cf 1" ', bj 1 e g islat era would constitute a najcrity tc pass a 
bill. Iii a senate of 42, only 2_1 senators car kill a bill already 
passed by the ether hcuse. Ctvicusly it is easier fcr lobbyists 
tc ccr.trcl and influence 21 than 51 legislators. 

( 7 ) I2£i_lili£iilii There is less cenfusicn. Better debate 
procedures result whec all the pros and cons are considered 
before a vo t > is taken. Dual cctrmittees are eliminated and it is 
unnecessary to have two public hearings cr every bill. Dupli- 
cation has never been a guarantee c f excellence. 

Bills car net be introduced and passed in one hcuse cr the 
assumption (and sometimes prior agreement) that they will be 
killed in the ether hcuse. 

second house is net needed because even in the bicameral 

system, 9 2 percent cf all bills ar; killed in the hcuse cf 

origin. Seldom does a bill receive "wcrthwhile review" in the 
other c hamber . 

A unicameral legislature will completely eliminate the 
introduction (ar,d expense) of identical cr siirilar bills in both 
houses. 

r > unicameral legislature will ccirpletely eliminate the 
"third level" conference committee, cne cf the trcst criticized 

elements of bicameral todies. 

Section 2. SIZE. The nunber cf senators shall te 
prescribed by law, tut there shall be nc less than 75 
and no mor~ than ICO iflemhers. 

COMMENTS 



Montana is a large state with scattered population. The com- 
mittee believes that a unicameral legislature needs 75 to 100 
members to allow the state's rural areas tc 
representation. The committee also believes 
legislature of this size allows Montana tc 
tional low ratio between a representative and 



retain a feeling cf 

that a unicameral 

preserve its tradi- 

his constituents. 



The prevision provides a range tc give the reapportions rt com- 
mission some flexibility in redistr icting and reapportioning the 
state. 



Legislative Committee 



:>,s:\ 



Section 3. ELECTION AND TEPFS CF KEMEEHS. Senators 
shall be el -c ted for a term cf fcur years. One- half cf 
the seratcrs shall he elected every twc years. The 
senators* tortus shall begin or, a date ficvided ty law. 

CCHHEN1S 

Th° prevision provides fcr fcur year staggered terirs. The 
four year term affords continuity, experience, and stability to 
the unicameral hcuse. Lo achieve staggered terms in the legis- 
lature, it is suggested that all the senators he elected ir the 
first election. In that election, ore-half should be elected to 
two y-ar terns and one-half should be elected tc fcur year terms. 

Section 4. £U ALIEIC ATICKS. A legislative candidate 
shall fce 3 qualified voter. He shall te a resident cf 
the state for at least one year, and a resident cf the 
district from which he seeks election for at least six 
mentns preceding the general election. 



CCMKENTS 



repre 
and 
for a 
later 
in t 
be cc 
to pa 
coHimi 
are 
short 
is b 
distr 
of t 
r equi 



Arti 
sent 

both 
t le 

tc 
he E 
nsid 
rtic 
ttee 
need 
ly b 
elie 
icts 
hat 
reme 



cle v, 
ati ve 

tc h 
ast on 
be a g 
ill of 
ered a 
ipate 

belie 
ed tc 
ef ore 
ved t 
— repr 

distr 
nts . 



sec 
tc t 
ave 
e ye 
uali 

R ig 
dult 
in e 
ves 

the 
hat 
esen 
ict- 



t ion 

e at 

lived 

ar . I 

fied 

hts C 

s fcr 

lecti 

that 

event 

elect 

one 
tatic 
- woul 



3 cf 
leas 

in 
he c 
vote 
emm i 

all 
ens 
stat 
c a 
icn 

cf 
not 
d b 



the 
t 21 
the 
cmii 
r. I 
ttee 

pur 
as c 
e an 
ndid 
tc r 

the 

a d 
e d 



pr ese 

ard a 
ccunt y 
ttee p 
his f c 

reccm 
peses. 
ancida 
d dist 
at es 
un for 

major 
istr ic 
ef eate 



nt C 

sen 

or 

repe 

llcw 

mend 

Thi 

tes 

rict 

fro a 

the 

pur 

t by 

d if 



ons t 

a tor 

dist 

sal 

s th 

atic 

s wc 

as w 

res 

ncv 

leg 

pose 

a t 

the 



itut 

tc 
rict 
regu 
e li 
n th 
uld 
ell 
iden 
irg 
isla 
s f o 
rue 
re a 



icn 
be a 

the 
ires 
ne c 
at 1 
alio 
as v 
ce r 
into 
tive 
r si 

rep 
re n 



regu 
t le 



y re 

a 
f re 
8 ye 
w th 
cter 
equi 
a c 

se 
ngle 
rese 
ere 



ires a 
ast 24, 
present 
legis- 
ascning 
ar olds 
e ycung 
s. The 
resents 
istrict 
at. It 
-member 
ntative 
sidence 



Section 5. COHPE NSA1ICN . (1) Each member of the 
legislature shall receive an annual salary and such 
allowances as may be prescribed by law; provided that 
no legislature shall fix its cwn compensation. 



(2) A salary commission shall be created ty 
legislature tc recommend legislative compensation. 



the 



CCMttENTS 



This section replaces part cf Article V, section 5, which 
permits the legislature tc set its cwn compensation. The commit- 
tee believes an annual salary is appropriate fcr a legislature 
which is tc be a continuous bedy. The committee believes that a 
legislator's responsibility to his constituents is year arcund, 
not just when the legislature is ir session. An annual salary is 



384 



HCNTANA CONSTITUTIONAL CCNVtNTICN 



also in effective incentive fcr legislators tc end their sessicrs 
as scor as possible. This provision disc permits such allowances 
"; i I; in ana mileage". The proposal dees net set a ffirimun) 
salary ii. tr.i Constitution fcr tear that the legislature might 
reluctant to increase that amcurt. This sas the histcry 
of the original six dollar a day allcwar.ee which remained the 



lislativ salary for approximately 



years. The proposal 



retains th j prcvisicn frcic Article V, section 9. that r.c legis- 



late - cii. fix its cwn cci 



nsat ic r . 



ccoip 
Ion j 
this 
to e 
wcul 
lati 
sat: 
(Ccu 
p. 1 



• 



it 

v 

on 

nc 

•) 



is the general telief of the ccirtcittee that legislative 
s a t i o n is inadeguate and will continue tc be ir.adeguate as 
as the legislature must set its cwn salary. To alleviate 
rcblem, the proposal provides fcr a ceir pe csaticn commission 
her .5 c t cr recommend legislative salaries. This ccmirissicn 
"promote public confidence in crcpcsals tc raise legis- 
cempensatien tc reasonable levels and wculd ainimize accu— 

by t 1 public and the press cf legislative self help". 
il of State Governments, 122£_S]J3af;I ted_State__Legis laticr, 



Section 6. SESSIONS. The 1 
tinuous body tor two year per 
newly elected members take c 
or resolution pending at adjc 
carry over with the sane stat 
cf the legislature during the 
shall meet at least ence a y 
legislative days cr le 
increase th<= limit cr. the 
session. The legislature may 
sessions by the governor cr a 
majority cf the m e ffi b e r s . 



-gislature shall be a ccn— 
ieds beginning on the date 
ffice. Any business, bill, 
u in it en t cf a session shall 
cs tc any further session 

bienniun. The legislature 

ear in regular sessions cf 

ss. Any legislature iray 

length cf any subseguent 

be ccrvered in special 
t the written reguest of a 



CCPKENTS 



the 

of t 

year 

legi 

legi 

the 

deli 

latu 

Acad 

sess 



The 
legi 

he le 
dc- 
slati 
slat u 
pecpl 
terat 
res h 
emic, 
ion 1 



ecu mi t 
si a tur 
n g t h a 
s not 
c r. a d e 
re tc 
e cf H 
ions . 
ave be 
state 
imits 



t e e b 
a 's e 
nd fr 

all 
gua te 

g i v 
cntan 

In 
en ab 
, and 
have 



elie 
ffec 
eque 
o u 

con 
e a 
a ar 
61 y 
le t 

fed 
upen 



ves that the most iirpcr 
tiveness is the Constit 
r.cy of sessicrs. Sixty 
the legislature enough 
sideraticn. It also doe 
deguate public rctice c 
e unable tc fully pa 
ears — since 1S11 — enly 
c complete their busin 
eral studies stress the 
the consideration of 1 



tant limitation en 
utional limitation 
days every ether 

tine tc given its 
s net allcw the 
f its hearings, so 
rticipate in its 
six Montana legis- 
ess in 6C days. 

disastrous effect 
egislaticn. 



The committee prcpcsal 
body. This dc^s aot mean that the legislature 

"Continuous body" is a legal tern which 

committees will have the author— 

the legislature will have 



makes the legislature a continuous 
legislature will renair in 

session indefinitely. 

ensures the legislature that its 

ity tc meet during the interim, that 

continuity, and that the legislature will have the ability to 



Legislative Committee 



385 



develop its staff. 

The ccmn-ittee proposal provides for a r. rual sessions. In 
1948, six states held annual sessions. This number increased to 
26 in 1970 and to 33 in 1971. The states are adopting annual 
sessions because of the growth ir demand for legislative ser- 
vices, the need +:c restore the balance of power between the 
legislature and a permanent executive, and the difficulties in 
formulating an accurate biennial budget. 



All studies recommend that 
of session because: 



limits be placed en the length 



The restrictions en length cf sessions are the real 
reasons for bad legislation — net extended periods cf 
discussion. Certainly it would te impossible tc say 
that legislation or the quality cf legislators has been 
improved by limiting the sessions. (Eelle Zeller, Amer- 
ican_Statp_Leaislatures, p. S3.) 



T 
member 
rural 
was t 
tee be 
the cc 
at a 
legisl 
quent 
day li 
meet t 
the ar 
finish 
salary 
sitle. 



here 
s be 
peop 
c pi 
liev 
mm it 
late 
atur 

leg 
mit 
he f 
gume 

its 
ca 



was 
lieve 
le to 
ace a 
e s t h 
tee i 
r dat 
e cou 
islat 
in th 
uture 
nt th 
work 
uses 



long 
d u n 1 i 

serve 

9C le 
is is 
n its 
e need 
Id ir,c 
ure. 1 
e Cons 

needs 
at a 1 
, alth 

a le 



di s 
mite 

in 
gisl 
a re 
deba 

mcr 
reas 
his 
titu 

of 
eg is 
ough 
gisl 



cuss 

d se 

the 

ativ 

ascn 

tes 

e ti 

e th 

prcv 

ticn 

the 

latu 

it 
atur 



len 
ssic 
legi 
e da 
able 
was 
me , 
e le 
isic 
. T 
citi 
re n 
has 
e tc 



in t 
ns w 
slat 

Y li 

res 

wcr r 

so i 

ngth 

n do 

he 1 

zens 

eeds 

be 

fin 



he c 

culd 

ure. 

mit 

trie 

ied 

t ad 

of 
es r. 
engt 

cf 

a t 
en 
ish 



cum 
mak 
The 

CE S 

ticn 

that 

ded 

sess 

ct 1 

h cf 

Bert 

ime 

prcv 

its 



ttee 
e it 

ecu 
e s s i 

fcr 

the 
a pr 
ice 
cck 

s e s 
ana. 
limi 
er 
wcrk 



becau 

impes 
mittee 
ens. T 

1972. 

legis 
ovisic 
fcr a 
a 90 1 
sion m 

This 
t tc f 
that 

as sc 



s e s 
sitl 
con 
he c 
He 
latu 
r th 
ny 

egis 
ay g 
also 
crce 
an 
en a 



ever al 
e fcr 
sensus 
cmtait- 
wever , 
re may 
at any 
subse- 
lative 
row to 
meets 
it tc 
annual 
s pos- 



All Constitutions 
into session, but many 
into session. The com 
this power if it is to 
government. For this 
majority cf the members 



allcw the governor tc call the legislature 
also allcw the legislature tc call itself 
mittee believes that the legislature needs 
be equal tc the ether two tranches cf 
reason, the committee proposal allows a 
to call the legislature intc session. 



Section 7. VACANCIES. A vacancy in the legislature 
shall be filled by special election fcr the unexpired 
term unless otherwise provided by law. 

CCK C.I NTS 



Fresently the Montana Constitution dees net provide fcr the 
filling of legislative vacancies. It is left tc law. In 1889 the 
Constitution provided for vacancies tc te filled by elections, 
but the people amended the Const ituticn in 1931 to allow the 
county commissioners to fill by appointment vacancies caused by 



386 



MONTANA CONSTITUTIONAL CONVENTION 



death. Legislative vacancies caused by cthei reasons were still 
fill ; ! by election. In 196 6 the people repealed the entire 
section by amendment. 

The committee telieves that with sirgle-meiater districts 
throughout th^ state, the ccst cf a special election will r.ct he 
great enough tc justify appointment. The cenmittee believes that 
the citizens cf Montana should havt the opportunity tc elect 
their repr sentatives to the legislature ani that the people 
should rill legislative vacancies by election rather than by 
appointment. By adding "unless otherwise provided by law", the 
proposal provides flexibility for the future, especially in 
inst where the tern Eight be nearly expired. 

Section 8. IMMUNITY. The members cf the legislature 
shall, in all cases, except felony and breach cf the 
peace, be privileged freir arrest during their attend- 
ance at the sessions cf the legislature, and in going 
to md returning front the sane; and tor any speech or 
tte in the- legislature, they shall net be questioned 
in any ether place. 

CCKMENTS 

This section contains the substance cf Article V, section 
15. The committee feels that the protections provided by this 
section are still reeded. However, it shculd be noted that 
Charles Kahcney's statement that he would net allow the proposed 
Constitution to be accepted without this provision had tremendous 
influence en the committee's decision. 

Section 9. [ IS^UA LI F 1C AT IC N . No legislator shall, 
luring the time for which he is elected, be appointed 
tc any civil office under the authority of the state cf 
Montana created luring such tine. 

COMMENTS 

This proposed section is not as stringent as the present 
provision contained in Article V, secticr. 7. The committee 
believes that the present prevision has in cany cases prevented 
qualiried persons from assuming public office. The proposed 
section allows a member of the legislature tc be appointed to 
another public office during the term fcr which he was last 
elected if that office was net created during that tern. The 
section also permits public officers tc become members of the 
legislature during their continuance in office, but this can be 
prevented by legislation. In fact, the whele section could be 
provided for in legislation. 



Section 10. ORGANIZATION AND ERCCFCUBE. (1) The 
i gislature shall judge the election and qualifications 
cf its members and may by law vest in the courts the 
trial and determination cf contested elections cf its 



Legislative Ccmnittee 



387 



members. It shall chocse its officers frcm among its 
members; keep a journal; make rules fcr its proceed- 
ings; and may expel or punish a member with the concur- 
rence of two-thirds of all its members. 

COMMENTS 

Subsection 1 is self-explanatory. It combines portions cf 
sections 9, 11, and 12 cf Article V cf the present Constitution. 

Secticn 10. (2) A majority of the membership cf the 
legislature constitutes a qucrun: tc dc business. A 
smaller number may adjourn frca day tc day and compel 

attendance cf absent members. 

COMMENTS 

Subsection 2 is self-explanatcr y . It contains the substance 
of secticn 1C, Article V, of the present Ccr.sti tuticn. 

Secticn 1C. (3) All proceedings cf the legislature, 
including committee meetings, shall be open to the 
public . 

COMMENTS 



Subsection 3 is self-explanatory. This subsection changes 
the present Constitution (section 13, Article V) which allcws the 
legislature to conduct secret proceedings when it determines 
secrecy is required. The committee believes that the benefits to 
be derived from an cpen and visible legislature far outweigh any 

representatives to discuss the peoples' 



need fcr the peoples' 
needs and problems behind 



Section 1C. 
hearings must 



(1) Adequate public notice cf 
be given. 



committee 



COMMENTS 

Subsection 4 is a new secticn. Neither the present Constitu- 
tion ncr this proposed article require the legislature to ccnduct 
hearings (see section 22, Article V cf the present Constitution). 
However, the committee concludes that public nctice shculd be 
required when hearings are conducted. The committee believes that 
it should be left tc the legislature tc determine what "adequate 
public notice" is, taking into ccnsideraticc the aacunt cf its 
business and the time it has tc ccnduct that business. 



Section 10. (5) The legislature aay 
interim committees which may meet and 
legislative authority delegated to them. 

COMMENTS 



establish 
exercise all 



188 



MONTANA CONSTITUTIONAL CCfcVF.NTICN 



Subsection 5 is a new section. The cciriri t tee believes that 
the l^.ji- c l i 'ure has the power to establish interim cciritittees 
under this proposed article, especially under section 6 which 
mi i\ e s • I jislature a ccntinucus h c d y . This section is 
includi '. , however, because ci the prcblen past Montana legisla- 
tures have had in establishing the legislative council. The ccm- 
mitti wishes to include this section tc remove any dcufct abcut 
legislative authority in this area. 

•tier, 11. TILL 5. (1) A law shall he passed by 

bill, i r. d i bill shall net be so altereo cr a rc e r. d e d cr. 

passage through the legislature as to change its 
original p c r p o s - . 

CCMKHNT? 

Subsection 1 is self- 3xplara t cry . It is a positive statement 
of Article V, section 19 of the present Constitution. 

Section 11. ( 2 ) Cn any vote which advances cr 
changes the status cr substarce cf a bill, resolution, 
or rul? the vote of each member lust be recorded. 

CO f CENTS 

Subsection 2 is a new section. This proposed section is much 
stronger than Article V, section 2<4 of the present Constitution 
which requires a recorded vote cr.ly cr. final passage and Article 
V, secticr. 12 which allows any two legislators tc ccspel a 
recorded vote. The proposed section makes a recorded vote the 
rule, net the exception. Under the present Ccnstituticr and 
legislative rules, the legislators are not ccupletely accountable 
because the votes taken durinq second reading (the cemmittee cf 
the whole) are net recorded. In theory, they are committee 
votes. Th r proposed section eliminates this loophole. 

Ic properly evaluate what a leqislatcr dees, his votes 

should be visible. The cemttittee believes that this proposed 

section is a large step towards making the Montana legislature an 
accountable one. 



Sec tic n 11. (3) 
lajority vote c 



bill shall becctre law upen 



f the members present. 
COMMENTS 



Subsection 3 is self-explanatory. It contains a 
Article V, section 21 of the present Constitution. 



pcrticn of 



Section 11. (4) Fach bill, except general appropria- 
tion bills, and bills for the codification and general 
revision of the laws, shall certain only one subject. A 
law may be challenged on the grounds cf ncn-compliance 
with this section within cne year after its effective 



Legislative Cctftiit tee 






dats tut not 3 f t e r that period. 

CCHHEMS 

Subsection 4 is Article V, section 2 3 c f the preterit Ccrsti- 
tuticn in an amended form. It retains the sin git subject previ- 
sion which prevents the attachment cf undesirable riders to 
desirable bills. Ihe section specifies, hc»ever, that laws may be 
challenged under this section within one year after th^ir effec- 
tive date but not after that period. Ihe statute of limitations 
permits a law to be declared vein for a reasonable period after 
its enactment; but prohibits it being voided long after it has 
been published and a matter cf general public Knowledge. 

The proposed section elirrir.ates tha title prcvisicr. The 
committee removed the title prcvisicr, because cany gocd laws have 
been declared invalid under it. 



Section 11. (5) General 
:ntain only appropriation: 



appropriation bills shall 
for the ordinary expenses 
cf the legislative, executive and judicial departments 
cf the state, interest en the public debt and fcr 
public schools. All ether appropriations shall be made 
by separate bills, each contain in g but one subject. 



CCPKENIS 



Subsection five is self-explanatory. It is 
section 33 cf the present Constitution with "enbrac 
"contain". 



Article V, 
;" charged to 



Section 11. (6) Nc appropriation shall be acade fcr 
religious, charitable, industrial, educational or 
benevolent purposes to any private individual, private 



associat ion, 
of the state. 



or private ccrpcraticn net under ccntrcl 



CCKKENTS 



Subsection six is self-explanatory. It is essentially the 
same as Article V, section 35 cf the present Constitution with a 
few modifications in language. The wcrd "cctriunity" was removed 
from the section at the reguest cf the local government cemmit- 
tee. 



Section 12. LOCAL 
lature iray net pass 



e-ral act is. 



or can 



ANE SEECIAL LEGISLATION. The legis- 
a special cr local act when a gen- 
be made, applicable. 



CCKKENTS 



This proposed section is a replacement fcr Article V, 
section 26 of the present Ccnstit uticr. . It is simply a restate- 
ment cf the last sentence of section 26. The committee believes 



390 



MONTANA CCNSlllbT ICNAL CCNVENTICtv 



that *his corcis- statement adequately ccvors the prohibitions 
set cut at length in the original section. The cctnirittee wishes 
to r^ovj the laundiy list ct prohibitions because of its ten- 
dency tc become rapidly obsolete. An added protection would be an 
equal protection clause in the Dnited States Constitution. In 
addition the prohibit lor. against special and local laws is well 
established in Pontana and United States jurisprudence. 

Section 13. VETO. (1) Every bill passed by the 
legislature shall be presented tc the governor for his 
approval and shall become law if he neither approves 
r.cr vetoes it within 5 days while the legislature is in 
session or within 2 5 days after the legislature has 
adjourned. 

CCMMFNTS 

The committee spent several days considering the executive 
veto and its effect on the legislature. The committee developed 
an extensive section on the vetc ard then iret with the Executive 
Committee tc resolve the differences between the twc committees. 
The two committees agreed on all but ere point — the governor's 
power to vetc appropriations for the legislature. 

Subsection on>= eliminates the pocket vetc which the governor 
has under Article VII, section 12 of the present Ccnsti tution. 
The committee believes that the governor should be required tc 
either take a definite stand en bills or let them become law. The 
committee b^lievr-s in a responsible legislature as well as a 
responsible governcr. The proposed article retains the prevision 
that the governcr must veto a bill within five days during the 
r»':scicr. The proposed article, however, extends the number of 
day:; th< governor has tc consider bills after adjournment from 15 
to '/'. ')-iy:;. 



rxcticn 11. (2) The 
f p r o p r i a t i c r. bills. 



governor may vetc items 



ID 



COMMENTS 



Lubft'Ction two retains the item vetc which the governor has 
tinder Articlf VII, section 13 ct the present Constitution. How- 
e v^ r , subsection five partially restricts this power. 



Sec ticn 1 i. 

bill with a 
lature. 



(:) The governor shall 
st'itfcinent of his ebjee 



1 return any vetced 
tions tc the legis- 



CCMMFNTS 

Subsection thre^> is self-cxplaratcry. 

Section 13. (U) The legislature, upon receipt of a 
vetc message, shall reconsider the vetced till or item. 



Legislativ- Committee 



391 



The legislature ir. a y airerd a till t c eliminate the 
objections of the gcv-cncr, and return the till tc the 
governor fcr reconsideration . She legislature may over- 
ride the vetc by ar: affirmative vote cr two- thirds of 
the members present. 

CCKJ1ENTS 

Subsection four gives the legislature the new power tc amend 
laws tc conform with the ebjectiers cf the governor. If the 
legislature does not wish tc concede tc the gcv-erncr's veto, the 
proposed article allows The legislature tc override his veto by a 
two- thirds vcte of the legislature. The legislature has this 
power under Article V, section UC cf the presert Cc r.s ti t u t icr. , 

Section 13. (5) The gcverr.cr shall net have vetc 
power ov»r resolutions, initiative and referendum mea- 
sures, Constitutional amendments, and appropriations 

for the legislature. 

C C i v i v E N 1 5 

The restriction that the governor can ret vetc appropriations 
for the legislature is new. The committee delated this at length 
and would not concede tc the wishes cf the ixecutive Committee en 
this point. Presently the geverner dc^s net nave the power tc 
vetc initiative or referendum measures under Article V, section 
1. However, because cf a court decision, the governor dees have 
the pewer tc vetc proposed Ccnstituticral amendments. The commit- 
tee feels this power should te removed frcn the geverner. Fcr 
this reason, Ccnstituticnal amendments is added tc the subsec- 
tion . 

Section 14. J^PEACHPfNI. (1) The ccverrcr, executive 
officers, heads cf state departments, judicial officers 
and such other officers as nay te made subject tc 
impeachment fcy law may be removed from effice upon con- 
viction cf impeachment. Cther proceedings fcr removal 
from public effice fcr cause may be provided by law. 

(2) The legislature shall crcvide fcr the manner, 
procedure and causes for remcval by impeachment and 
shall provide fcr a tribunal. 



(3) Impeachment can be brought only by a two-thirds 
vcte cf the senate and no convicticr fcr impeachment 
shall be made except by a vcte of two-thirds cr mere cf 
the members of the tribunal hearing the charges. 

(4) Such conviction shall enly extend tc remcval 
from office and disqualification to hold and enjey any 
effice under the state, but the party, whether con- 
victed or acquitted, shall alsc be liable tc 
cuticn according tc law. 



prose- 



392 



MONTANA CONSTITUTIONAL CONVENTION 



C C M ME N 1 S 



in 
tc 

For * 



a 
is 

III 

2_i 
thi 



! 

m : 

1 i 

b 



c se 

nded f 

h imp ': 
c d y w h 



brin3_ 

a twc- 
con vie 
bring charge: 



v e _ a s _ 
s vcte 
ft r t i c 1 



a section is Article V, secticrs 16, 17, and 18 
orir. [he proposed section allows the legislature 
ichment procedures. The committee believes that 
ich brings the charges she old net hear the case. 
% h^_£r.££c.~2c!_£_£ c^ icn_a llcws_t he__lec[isla ture to 

the_tritunal_ t The proposed section alsc requires 

tc bring the charges and i tv«c-thirds vcte to 

V, section 1 C requires enly a majority vcte to 



er 

• : 



The proposed article also allows the legislature to estat- 
other procedures for the removal ct officers from public 
of lie j fcr cause. 



CISTBICTING AND 



AEECHICNMENT. 

c 



O) 



S e c t i c n 15 
the purpose o± electing members 
-. + i+ ^ shall be divided into as many 
shall be members of the legislature, 
district shall consist of compact and contiguous ter- 
ritory and be so nearly equal in population as is 
p ract icable . 



*cr 

£ the legislature, the 

districts as there 

Each legislative 



(2) 

in the 
authori 

i z e n s , 

designa 

portion 

distric 

legisla 

fcur co 

ticn, s 

chairma 

select 

a a jcrit 

iran. 



Imme 
ses 

ty o 
ncn 

ted 

ing 

ts. 

t ure 

it mis 

hall 

r. cf 

the 

y o 



diat 

sicn 

r th 

e c 

tc d 

the 

The 

sha 

sion 

sel 

the 

fitt 

t th 



ely 

pr 
e Un 
f wh 
raft 
stat 

ma 
11 e 
ers , 
ect 

ceir 
h me 
e su 



upon 
ecedin 
ited 5 
om may 

a pla 
e into 
jcrity 
ach de 

withi 
the fi 
irissic 
mber w 
preme 



ena 
g e 
tate 

be 
n to 

leg 
an 
sign 
r 20 
fth 
n. I 
it hi 
ccur 



ctmen 
ach 
sac 
publi 
r red 
islat 
d mi 
ate t 
days 
membe 
f the 
n the 
t sha 



t of 

cens 

etc mi 

c of 

istr 

ive 

ncr i 

wo c 

aft 

r, v. 

f ou 

tim 

11 a 



thi 
us 

ttee 
f ici 
icti 
and 
ty 1 
ottffi 
er t 
he s 
r ire 

€ p 

ppci 



s sect 
made 

cf fc 
als, s 
rg and 
ccngre 
eaders 
ssicne 
heir d 
hall s 
iibers 
rescri 
nt the 



ion and 
by the 
ur cit- 
hall be 
reap- 
ssional 

cf the 
rs. The 
esigra- 
erve as 
fail tc 
bed, a 

chair- 



(3) No later than 90 days after appointment of the 
chairman, or following the official reporting of each 
federal census, whichever is later in time, the commis- 
sion shall file a plan with the secretary cf state. 



(i*) Any person aggrieved by the preliminary plan 
shall have 30 days tc file exceptions with the ccffmis- 
sion in which case the commission should have 30 days 
after the date the exceptions were filed tc prepare and 
file a revised plan. If nc exceptions are filed within 
30 days, or if filed and acted upon, the commission's 
plan shall be final and have the force cf law. 



legislative Ccmiittee 



393 



( 5 ) Any aggrieved person may file an appeal ireir t b s 
plan directly tc the supreme court within 3C 'lays after 
the filing. If the appellant establishes that the firal 
plan is contrary tc law, the s u p r e ir e ccurt shall issue 
an c:i-:i remanding the plan t c the c c it a i s s i c n and 
directing the commission tc reapportion an d redistrict 
in a manner net inconsistent with such order. 

(6) When the supreme court has finally decided an 
appeal taken, the reapportionment plan shall lave the 

force of law and the districts shall be used thereafter 
in elections tc the legislature until the next reappcr- 
tionmer.t is required. 

CCMHEN1S 

The committee believes that lerce umlti-ireitfcer districts are 
not conducive tc effective representation, are tec large in area, 
and are legally vulnerable. The cctrnitt^e unanimously approves 
of single member districts for a unicameral legislature. 

The committee has considered trany different oetheds cf reap- 
portionment. The committee considers reapportionment and redis- 
ricting tc be a troublesome and time ccnsuirirg natter fcr a 
legislative tody because cf the legislature's difficulty in teing 
objective. Therefore, the committee proposal provides fcr the 
creation of a reapportionment ccimissicr which has considerable 
independence and which will he reasonably free frctr legislative 
pressures. The comaissicr initiates a red istr ictinq and reappor- 
ticniunt plan and the legislature and private citizens car. aake 
recommendations. 



The committee r-coqnized that redist r ict ir.g and reapportion- 
ment has political repurcussiens , sc the proposed secticr prc- 
vides fcr bipart isanism in the method cf selection of the first 
four members. The fifth member of the ccrrtrissic r. becomes + h-e key 
vote and his selection by the ether four irenbers is tc insure 
impartiality. 

The proposed section allows any citizen tc indicate his 
objections to the plan, and forces the ccirBissicr. tc consider 
these objections. This provision is intended tc offer redress tc 
legitimate complaints without the necessity cf filing suit 
against the plan. 

The termination of the ccimissicn once a valid reapportion- 
ment plan is produced is provided fcr in the last sentence. The 
life cf the commission ends when its work is satisfactorily com- 
pleted . 

Section 16. THE FECELE'S AE\CCAT£. (1) The majority 
and minority leaders of the legislature shall together 
appoint the people's advocate. 



394 



KCNTANA CCNSIIICIICKRI CCKVEKTICIS 



:ple's advocate shall have the duty tc 



and 



( ^ ) --„„„,♦.. - .. - - - x - 

wiJ^ infcrj to i:.y person upcn recu^st relating 
to g o v e i ; a e d shall have subccena 
authority tc investigate cr. 
initiative any act cr cmissicr 
n t , k i ipprcpriat 



power 

ccirplain t cr en his cwr 
cf any agency of govern- 
acticn. The legislature 
shall provide lcr this c f f i c e and its operation. 



CCHKEN1S 



committee believes that a people's advocate is necessary 
tc trinq about a responsible bureaucracy. Tccay gov^r r. ner t is sc 
complicated that the average citizen dees ret know where tc gc 
for h'lp cr '» to place responsibility. A people's advocate 
can c; .* - i find ct information. Arced with the p c w e r cf 
sutpcer.a, h _ j can produce ac + icr. by cutting through the red tape 
that sometimes characterizes governiert tcday. 

Several states prcvide by statute for a weak ombudsman cr 
people's advocate, tut in each case the law has been passed only 
by luck. Once the position is created, as happened in cne state, 
the legislature has tried net tc appropriate it funds. Fcr this 
the committee believes that the office should be ircluded 



reason 



respensibil- 



in the ccrst ituticn. Since executive oversight is a respcnsici 1- 
lty ct the legislature, the committee alsc believes the section 
;uld be included in the legislative article. 



shci 



The proposed section allows the aajcrity ar.d minority 
leaders cf the legislature tc appoint the people's advocate so 
that responsibility for the appointment is fixed. Ihe proposed 
section leaves to the legislature the responsibility for provid- 
ing fcr the cfrice and its operation. However, the committee 
recommends to the legislature that the office have the prestige 
and salary of a district judge. 1c guarantee his independence, 
the ccmiri^tee further recommends that the legislature provide the 
peoples' advocate with a six year tera. 



Legislative Committee 



395 



fAJCFITX FFCZCSAL 



EL IT PBCPOSEE EY TBI LEGISLATIVE CCKKITTEE: 

^hat there rf a new Article c r. the legislature to read as 
f ollcws : 

ARTICLE V 

THE LcGISI ATUF.E 



the 



Sectior, 1. 
stat.- is v 



PO&EB AND STFUCTUPE. The legislative fewer of 
jsted in the legislative assembly ccnsistir.g cf a 
senate and a house cr r epreserta t i ves . The people reserve tc 
themselves the power of initiative and referendum. 

Section 2, SIZE. The size cf the legislature shall he 
prescifced uy law, tut tee senate shall ccrsist cf net mere than 
'*Q ncr less than 30 members and the house cf net acre than 8C ncr 
less than 6? me liters. 

Section 5. ELECTION AND TE5"S CF HEHEEFS. A ineirter of the 
house of representatives shall te elected fcr a term cf two years 
and a member of the senate fcr a tern of four years. Cr.e-half ot 
the senators shall be elected every two years. The tern cf the 
members shall cegin en a date provided by law. 

Sectior. k. QUALIFICATIONS. A legislative candidate shall he 
a qualifier voter. ~ti c shall be a resident cf the state for at 
least cne year, and a resident cf the district frctt which he 
seeks election fcr at least six ccnths preceding the general 
elec ticn . 



Section 5. COMPENSATION. (1) Each [renter c f the legis- 
lature shali receive an annual salary and such allcwar.ces as o»ay 
be prescribed by law; provided that no legislature shall ti> it; 

own compensation . 



(2) A salary com mission shall be create 
tc recommend legislative compensation. 



1 y the 1 '. ? v; i slat ure 



Section b. SESSIONS. The legislature shall te a cortirucus 
body fcr two year periods tegirriro or the date rewly elected 
members take office. Any business, hill, cr resolution perdirg at 
adjournment of a session shall carry ever with the sac. e status t. c 
any further session of the legislature during the tiernitr. The 
legislature shall meet at least once a yea: ir regular spssiens 
of 90 legislative days cr less. Any legislature a* ay increase the 
limit on the length ot any subsequent session. The legislature 
may te convened in special sessions by the geverrer, cr at the 
written r quest cf a majority cf the iremrers. 

Section 7. VACANCIES. A vacancy in the legislature shall te 



396 



MONTANA CONSTITUTIONAL CCNVENTICN 



filled by special election fcr the unexpired t^rm unless ether- 
wise provided t j lav. 

Section IMMUNITY. The oieaiters cf the legislature shall, 
Ln ill cas ., exc ;pt felcny and breach cf the peace, be privi- 
leged frcit irrest during their attendance at the sessions of the 
legislature, ind in 'join ;j tc and returning frca the sane; and fcr 
any ch 01 del it n +he legislature, they shall net he ques- 
tion-': ir; any ether place. 

Section i. DIsgUALII ICATICh. Ic legislator shall, during 
the tine Ecr which he is elected, be appointed tc any civil 
office under the authority cf the state cf Montana created during 
such tine. 

S^cticn 10. OFC-ANIZATION AND FBCCEEUBE. (1) Each house 
shall judge the election and qualifications cf its neuters and 
way by la* vest in the courts the trial and determination of con- 
tested elections cf its members. tach reus? shall cheese its 
officers rrcm among its members; keep a journal; make rules for 
its proceedings; and may expel or punish a member with the con- 
currence of two-thirds cf its members. 

(2) A majority cf each hcuse constitutes a gucruir tc do 
business. A smaller number tray adjeurn freir day to day and compel 
attendance cf absent members. 

(3) All proceedings of the legislature, including committee 
meetings, shall be cpen tc the public. 

(4) Adequate public nctice cf committee hearings ztust be 
given. 

(5) The legislature may establish interim committees which 
cray meet and exercise all legislative authority delegated tc 
them . 

(6) . iither hcuse shall, without the censent cf the ether, 
adjourn cr recess fcr more than three days, rcr tc any ether 
place than that in which the twe houses shall be sitting. 

(7) The legislature shall adept and use joint rules. Cne 
rule shall require that, except on the final session day, each 
report cf a conference ccumittee contain an explanation cf com- 
mittee recommendations and be duplicated and distributed tc each 
legislator 24 hours before action lay be taken en an affirmative 
r^pcrt. 

Section 11. BILLS. (1) A law shall be passed by bill, and a 
bill shall net be sc altered cr arcer.ded en its passage through 
the legislature as to change its original purpese. 



(2) Cn 
substance of 



any vote which advances cr changes the status cr 
a till, resolution, cr rule the vote of each member 



Legislative Ccmrcitte< 



397 



must te recorded. 

(3) A bill shall leccme 
members present in each house. 



law upcn a majority vote of the 



(4) Each till, except general appropriation tills, and 
bills for the codification and general revision of the laws, 
shall certain enly one subject. A lav may te challenged en the 
grounds of non-ccirpiiance with this section within one year after 
its effective date but net after that period. 

Ci) General appropriation tills shall certain enly appro- 
priations for the ordinary expenses of the legislative, executive 

of the state, interest en the public 



stall be 



and judicial departments u: i.ns sidie, nmetssT; 

debt and tor public schools. All ether appropriations 

made by separate bills, each containing but ere subject. 

(6) No appropriation shall be made for religious, charita- 
ble, industrial, educational cr benevclect purposes to any pri- 
vate individual, private association, cr private corporation net 
under control cf the state. 



may 



Section 

net pa 



12. LCCAL AND SEECIAI LEGISLATION. The legislature 
a special or local act wten a general act is, cr can 




governor may veto items in appropriation bills. 



(3) The governor shall 
ment cf his objections to t 1- 



1 returc any vetoed till with 
he originating house. 



Btate- 



(4) The legislature, tpen receipt of a veto message, shall 
reconsider the vetoed bill cr iten. The legislature may amend a 
bill tc eliminate the ctjectiens of the governor, and return the 
bill tc the governor for reconsideration. The legislature may 
override the veto by an af fir native vote cf two-thirds cf the 
members present in each house. 



(5) The governor shall net have veto power ever resolu- 
tions, initiative and referendui aeasures. Constitutional amend- 
ments, and appropriations for the legislature. 

Section 14. IKFEACHKENT. (1) The governor, executive offi- 
cers, heads cf state departments, judicial officers and such 
other officers as may te made sutject tc impeachment ty law may 
be removed from office upon conviction of impeachment. Other pro- 
ceedings for removal from public office for cause may te provided 
by law. 



398 



MONTANA CONSTITUTIONAL CCKVENTICN 



(.) Lslature shall provide tor the manner, procedure 

and ca u for removal by impeachment and Bay select the senate 
as tribunal, 



by 



LUliUl t 

•) [mpeachment car be brought only by a two-tnirds vote of 
cu! ii i no conviction for imp eachment shall be trade except 
ote of two-thirds ci mere cf the rr-rrbers cf the tribunal 
g th < ha rges. 



hearing th < ha rges. 



Such conviction shall crly extend tc removal from 
office 3rd d isquali 1 icat icn tc hold and enjoy any cffice under 
the state, but th- party, whether convicted or acquitted, shall 
also be liable tc prosecution acccrdir.g tc law. 

Section 15. DISTRICTING AND AFFCPTIC N f E NT . (1) The state 
shall be divided into as many house districts as there are repre- 
sentatives ct the house and each district shall elect one repre- 
senti+iv-'. uch senate district shall be ccirprisad ct the repre- 
sentative districts fcr the election cf ere senator. Ivery 
legislative district shall consist cf compact and contiguous ter- 
ritory and be so nearly equal in pcpulaticn as is practicable. 



{Z) Immediately upon enactment cf this sectic 
sessici: preceding each census trade by the authority 
States a committee cf four citizens, none c f whom 
officials shall be designated tc draft a plan fcr 
and reapportioning the state into legislative and 
districts. The oiajcrity and minority leaders ct sac 
designate a commissioner . The rcur cc a nissicner s, 
aft3r their designation, shall selec+ the fifth ireir 
serve as chairnar. cf the cennissicr. It the four rr 
select the firth member within the titre prescribed, 
the supreme court shall appoint the chairnar. 



n a nd in the 

cf the Urited 

may be public 

redis t r ict ing 

congressional 

h he use shall 

within 2C days 

ber, whe shall 

eaters fail to 

a majority cf 



(3) No later than SC days after appointment cf the chair- 
man, or following the official reporting cf each federal census, 
whichever is later in time, the commission shall file a plan with 
the secretary cf state. 

(U) Any person aggrieved by the preliminary plan shall have 
3G days tc file exceptions with the cctrtrissicn in which case the 
commission shall have 3C days after the date the exceptions were 
filed to prepare and tile a revised plan. If nc exceptions are 
filed within cays, or if filed and acted upon, the commis- 
sion's plan shall be final and have the tcrce cf law. 

(5) Any aggrieved person may file an appeal frcoc the plan 
directly tc the supreme court within 30 days after the tiling. If 
the appellant establishes that the final plan is contrary tc law, 
the supreme court shall issue an order remanding the plan tc the 
commission and directing the ccumissicr tc reapportion and redis- 
trict in a manner net inconsistent with such crder. 



Legislative Committee 



399 



(6) When the supreme court has finally decided an appeal 

taker., the reapportionment plan shall have the fcrce cf lav. and 

the districts shall be used thereafter in elections tc the legis- 
lature until the next reapportionment is required. 

Section 16. THE PECFIE'S AEVCCATE. (1) The irajcrity and 
minority leaders cf each house shall together appoint the 
people's advocate. 

(2) The people's advocate shall have the duty tc provide 
information tc any person upcr. request relating tc government; 
and shall have subpeena power and authority tc investigate en 
complaint or on his own initiative any act or emission of any 
agency cf government, and take appropriate acticn. Th= legis- 
lature shall provide for this office and its operation. 



Zs^_£aa,nus_ Aa she ijr 
Ch airman 



^s/_Jercne_T_._I cend^r f 
Vice Chairman 



Z2Z_Gr ace_Pa tes. 



Z£Z_Ca£hns_Buatee_ 



Zs^_Ge.oj:q,e_Harc:er, 



Z§Z_l2E£ e .i_J£i!£so.D_. 



^s/_ John_H t _leuthcld 



^s^_Richard_Nutt ira_ 



^s^_^a_3_Nan_F;obinscn 



^s^_Miles_Romne.Y. 



Jerctre_Cate_ 
(original unsigned) 



ZIZ_ R .cbert_Kelleh€r, 



Z§Z_ftj;l.xne_Peichert_ 



£5 r man_Sk ari 

(original unsigned) 



•100 



MONTANA CONSTITUTIONAL CCNvENTICN 



COMMENTS ' : MAJORITY EICAKEBAI EBCECSAL 

Jecticn 1. POw AND SlFlClliFE. The legislative 
*. ; .1 thd state is vested in the legislative assem- 
tly consisting cf a senate and a hcuse cf representa- 
tives. The peoj.lt reserve tc themselves the fewer cf 
Lnitiativi 1 n d referendum. 

CC CM NT :■ 

v i to in j k ■ laws ir. a representative government is a 
pcwei j --i- jated tc a specific unit cf government. section 1 
merely states that a ledy in which the people vest that pewer. 
The people alsc reserve the pewer tc remain a part cf the 
law-making structure t y reserving tc themselves the power tc ini- 
tiate laws and repeal them. 

Responsibility trust te delegated tc scmecre. An elected 
group ct legislators is trie prcper place tc delegate this author- 
ity. ±i vesting this pewer in a legislative tcdy consisting of a 
dous^ and Senate we feel the checks and balances cf a twe-hcuse 
Lody will provide the h^st representation anc responsiveness to 
and for the people cf Montana providing rcr the peoples' right cf 
referendum 3rd initiative. 

Arguments tor a unicameral tcdy must be given sericus con- 
sideration; however, the air.crity feels that althcugh Nebraska 
apparently has keen satisfied with its system, it dees not neces- 
sarily guarantee that it wculd alleviate the prcfcleirs ir fentana. 

The subcommittee feels the criticism directed at the last 
session cf the legislature dees not warrant a complete overhaul 
of the present system. The sulccn m itt e e feels that adjustments 
made as provided in the proposed legislative Article will give 
the needea time and flexibility tc overcome the shcrtccnings 
which created an iirpasse in the past. 



Much 



a single tcdy; the 

aise differences; if there ar 



committee; the 



ado has teen made atcut the conference 
bicameral adherents feel this is prccf in itself there is need 
tor another tody tc take another leck at legislation proposed by 

conference committee is an attempt to compre- 
ssor tccmings ir the conference 
committee, l^t's correct these inadequacies and not threw cut the 
whele system. 



The bicameral may not te as responsive tc the tide cf public 
opinicn; however, public cpinicn is oftentimes emcticnal and 
really, in the long run prefers tc neve slcwly. Democracy, at its 
best, is a slew process. 



Section 2. SIZE. The size cf the legislature shall 
be prescribed by law, but the senate shall consist of 
net more than 40 nor less than 3C memters and the hcuse 
of not more than 8C nor less that 6C members. 



Legislative Ccirnittee 



401 



COHWENTS 

The majority ccntan:ls p rep cr ticnattl y the represe rtaticn 
remains the same nc matter what the tctal may he. 

A lesser DUEber ci 6C-SC ir. the Hcuse and 30-UC in the 

Senate will trake fcr a more dedicated and mere qualified a enter— 

ship. Pespor.si tilit y can be irere easily pin-pcinted in the 
smaller body. 

The smaller tcdy will decrease *he aitcunt of legislation 
introduced and will alsc make a trcre furcticnal law-making tody. 

Tc those whe are economy minded, the snaller body will 
reguire a smaller payroll and lake trcre funds available tcr 
research staff. 



The need fcr mcr? physical plant is apparent, 
body will require 1-ss cutlay fcr such expansion. 



the smaller 



The California legislature has UC Senators and 8C Repre- 
sentatives. If that state can fur.cticr. with a larger population 
and greater land area, so car, Montana. 

Section 3. ELECTION ANE TESFS CF MF.HEJ.BS. A member 
of the house cf representatives shall h.e elected fcr a 
term of two years and a member cf the senate fcr a term 
of four years. Cne-half of the senators shall be 
elected every two years. The tern cf the nembers shall 
begin en a date provided by law. 

CCKMENTS 

The two year terms cf the representatives Bakes them respon- 
sive tc the will cf the electorate while the staggered tens cf 
the senators insures continuity cf the bed,, Nc day certain for 
convening the legislature is fixed sc that the legislature can 
exert its wisdci and changes cf date in the future can be made 
without Ccnstituticnal changes. 

Section t. QUALIFICATIONS. A legislative candidate 
shall be a gualified voter. He shall be a resident cf 
the state for at least one year, and a resident of the 
district from which he seeks election fcr at least six 
months preceding the general election. 

CCHMENIS 

The language and explanation of this section are identical 
to those of section four cf the unicameral article. 



Section 5, 
legislature 



COPPENSATICN. (1) Each member of the 
shall receive an annual salary and such 



402 



MONTANA CONSTITUTIONAL CCNVENTICN 



allowances as may be prescribed ry law; provided that 
r,c legislature shall fix its cwr. compensation. 



(2) 



salary commission si 1 all he created ty the 



Lslature tc recommend legislative compensation. 

c c w m f :: r : :- 

::•.-■ lir.guage ar. 1 explanation cf this section ar 
tc these of section five cf the unicameral article. 



identical 



tion 6. SESSIONS. The legislature sha 
tinuou body icr twe year periods tegicnirg 
newly elected members take c f f i c e . Any bus 

or r ■solution pending at adjournment cf a s 
carry ever Kith the sane status to any ±urt 
of the legislature during the biennium. The 
shall meet at least once a year in regular 
90 legislative days or less. Any legi 
increase the limit en the length cf ar 
session. The legislature iray t<= convened 
sessions by the governor, or at the writte 
a majority cf th c members. 

CCHHENTS 



The language and explanation cf this section 
tc those cf section six of the unicameral article. 



11 be a ccn- 

cr. the date 

iness, bill, 

essicn shall 

her session 

legislature 

sessions cf 

slature may 

y subsequent 

in special 

n reguest cf 



are identical 



Section 7. VACANCIES. A vacancy in the legislature 
shall be filled by special election tcr the unexpired 
tern unless otherwise provided by law. 

CCKPENIS 

language and explanation cf this section are identical 
to those ot section seven cf the unicameral article. 

Section 8. IMMUNITY. The meirbers cf the legislature 
shall, in all cases, except felony and breach cf the 
peace, be privileged from arrest during their attend- 
ance at th^ sessions of the legislature, and in gcirg 
to and returning trcm the sane; and fcr any speech or 
debate in the legislature, they shall net be guesticred 
in any ether place. 

CCRHEM1S 

The language and explanation of this section are identical 
to those cf section eight cf the unicameral article. 

Section 9. DISQUALIFICATION No legislator shall, 
during the time for which he is elected, be appcinted 
to any civil office under the authority cf the state of 



Legislative Ccnaittee 



403 



Mcr.tana created during such tine. 

COMMENTS 

Th^ language and explanation c f this section are 
these cf secticr, nine cf the unicameral article. 



identical 



Section 10. ORGANIZATION ANL EBCCEECFE. (1) Each 
house shall judge the electicr and gual i i ica t ic rs cf 
its members and nay by law vest in the courts the trial 
and determination of contested elections cf its mem- 
bers. Each house shall cheese its officers frca ameng 
its members; keep a journal; make rules for its pro- 
ceedings; and may expel or parish a member with the 
concurrence of two-thirds of its members. 

COMMENTS 

Section 1C. (1) The language cf subsection one is the same 
as that cf section 10, subsection one of the uricameral article 
except that the words "each hcuse" replace the wcrd "legis- 
lature". The subsection combines portions cf sections 9, 11, and 
12 cf Article V of the present Constitution. The section removes 
the lieutenant governor from the legislative process and allows 
the senat= to select its own presiding officer. 

Section 10. (2) A majority cf each hcuse consti- 
tutes a gucrui to do business. A smaller number Hay 
adjourn from day tc day and ccupel attendance of absent 
members. 

COMMENTS 

Section 10. (2) The language ard explanation of subsection 
two are the same as these of section 1C, subsection two cf the 
unicameral article except that the words "each house" replace the 
words "the membership cf the legislature". 

Section 1C. (3) All proceedings cf the legislature, 
including committee meetings, shall be open tc the 
public. 

COMMENTS 

Section 10. (3) The language and explanation cf subsection 
three are the same as those of secticr 1C, subsection three cf 
the unicameral article. The committee did net change the wcrds 
"the legislature" tc the wcrds "each house" because it warts the 
section to also apply to confererce committees between the two 
houses . 



Section 10. (4) Adequate public nctice cf 
hearings must be given. 



committee 



404 



MONTANA CONSTITUTIONAL CONVENTION 



C C B i v £ N I £ 

he languagi n I xplanaticn ct subsecticn fcur are tfce saire 
i • ^se ticn 1", sutsecticn fcur cf the unicameral arti- 
cle. 

cticn 10. (5) Ii. ; legislature may establish 

.- l m c c m m i 1 1 which may meet a r. d exercise all 
I .: ilative authority delegated tc then. 

COMMENTS 

ticn h~, . (5) Tht language and explaraticn cf sulsecticn 
tivr sai? as these ct section 10, subsecticn five cf the 

anic :I iiticle. 

Section 10. (6) Neither hcus-; shall, withcut th€ 

consent or the ether, adjourn or recess for more than 

three iays, nor to any ether place than that in which 
th< two houses shdll be sittirg. 

CO K BENTS 

Subsection six is sel f-exp la rat cr y . It is Article V, section 
14 cf the present Constitution with wcrds "cr recess" added. This 
subsecticn f irtiirs cr.ly tc a bicameral legislature sc it is net 
found in th- unicameral article. 

Section 10. (7) The legislature shall adept and use 
jci::t rules. Ore rule shall require that, except en the 
final session day, each repcrt cf a cenference c emir it- 
shall certain an explanation ci cemmittee recom- 
irendatiens and te duplicated and distributed tc each 
legislator m hcurs Lefcre acticr. iay be taken or. an 
affirmative r e p c r t . 

COMMENTS 

Section 10. (7) Subsecticn sever is new. It is net included 
in the unicameral article because it pertains enly tc the confer- 
ence committees cf a bicameral legislature. The committee 
includes this subsection because it believes cenference commit- 
tees should act in a responsible manner. 

Section 11. EILLS. (1) A law shall be passed ry 

bill, ar.d a bill shall net le sc altered cr amended en 

passage through the legislature as to change its 
original purpose. 

COMMENTS 



ection 11. (1) The language and explanation of subsecticn 
the same as these cf secticn 11, subsection one cf the 
unicameral article. 



Legislative Ccuai^- 



405 



Section 11. (2) Cr any vcf? which advances cr 
changes the status cr substance of a bill, rescluticr. , 
or rul^ the vct^ of each [renter just he recorded. 

C C l v e E N 1 s 

Section 11. (2) Th= language arc explanation cr sutsecticn 
the Jit the same as f bcs= cf secticn 11, subsection twe of the 
unicameral article. 

Secticn 11. (3) A till shall beccne law upon a 
majority vot.- cf the members present in each house. 

COMMENTS 

Section 11. (3) The language and e xplana t ion cf subsection 
three are the same as these cf secticr 11, subsection three cf 
the unicameral article except the icns "in each house" have been 

added. 

Section 11. <4) T^ach bill, except general appropria- 
ticr bills, arc! bills fcr the ccdif icaticr. and general 
revision cf t h c laws, shall certain enly ere subject. A 
law ft ay be challenged en the gicunds cf r. cn-compliance 
with this section within cne year after its effective 
date tut net after that period. 

COMMENTS 



Secticn 11. (4) 
four are the same as 
unicameral article. 



The language and explanation cf subsection 
these cf secticr 11, subsection four cf the 



Secticn 11. (5) General appropriation bills shall 
ccntain only appropriations fcr the ordinary expenses 
cf the legislative, executive and judicial departments 
cf the state, interest en the public debt and fcr 
putiic sc heels. All ether apprcpriatiens shall be made 
hy separate tills, each containing tut cne subject. 

CCBMEMS 

Section 11. (5) The language and explanation cf sutsecticn 
five arc the same as these cf secticn 11, subsection five of the 
unicameral article. 

Secticn 11. (6) Nc appropriation shall be made fcr 
religious, charitatle, industrial, educational cr 
benevolent purposes to any private individual, private 
associaticn, cr private ccrpcraticn net ur.d?r ccntrcl 
cf the state. 



CCM RENTE 



l(l(i 



MONTANA CONSTITUTIONAL CONVENTION 



Section 11. (£) The 
six iL-' the same as those 
unicameral article. 



language ard explanation of subsection 
of section 11, subsection six cf the 



The legis- 



• -icn 12. LOCAL AND SPECIAL L EGI SL AT IC N. 
la- i it-iy net pass a special or lecal act when a gen- 
eral ict is, cr ccir Le made, applicable. 



CCMFENIS 

language and explanation cf this section 
to those of section 12 cf the unicameral article. 



are identical 



Section 13. VFTC. (1) Every till passed by the 

legislature shall te presented tc the governor fcr his 

approval and shall become la* if he neither approves 

nor vetoes it within 5 days while the legislature is ir 

session or within 25 days after the legislature has 
ad jcurned . 



<2) 

hills. 



The governor may veto iters in apprcpr iat ic r 



(2) The governor shall return any vetoed bill with a 
statement of his objections tc the originating hcuse. 

(4) The legislature, upon receipt cf a veto message, 
shall reconsider the vetoed bill cr iten. The legis- 
lature may amend a bill tc eliminate the objections cf 
the governor, and return the bill tc the governor for 
reconsideration. The legislature may override the veto 
hy an affirmative vcte cf two-thirds cf the members 
present in each house. 

(5) The governor shall not have the veto pewer ever 
resolutions, initiative, referendum cr Constitutional 
amendments . 

CCHMEN1S 

The language and explanation of this section are identical 
tc those cf section 13 cf the unicameral article except that the 
Kcrds "in each house" are added. 



Secticn 1U. IMPEACHMENT. (1) The governor, executive 
officers, heads of state departments, judicial officers 
and such other officers as may be made subject to 
impeachment by law may te removed from office upcr ccn- 
viction of impeachment. Other proceedings fcr removal 
from public office for cause may te provided by law. 

(2) The legislature shall provide fcr the manner, 
procedure and causes fcr removal by iapeachment and may 



legislative Ccirnittee 



1(17 



select the senate as tribunal. 

(3) Impeachment can te trough t cnly be a two- thirds 
vote of the house and re ccr. vict icn for itnpeachtrert 
shall be made except by a vcte cf twe-thirds ci more cf 
the m-iiuiers or the tribunal hearing the charges. 

(U) Such conviction sliall cnly extend tc rencval 
frcir crfice <ir.d disqualification tc held and enjey any 
office under the state, tut the party, whether con- 
victed or acguitted, shall also te liable tc prose- 
cution according tc law. 

CCKKENTS 

This proposed section is Article V, secticrs 16, 17, and 13 
in an amended form. The proposed section allows the legislature 
to establish impeachment procedures. The ccirnittee believes that 
the same body which trirgs the charges should ret hear the case. 
For this reason, the proposed section allows the house tc trir.g 
the charges and allows the legislature tc select either the 
senat- cr seme ether tody tc be tie tritural. The proposed 
section alsc reguires a twe-thirds vcte tc bring the charges and 
a two-thirds vcte tc convict. Article V, section 16 reguires cnly 
a majority vcte to brine charges. 

The proposed article alsc allcws the legislature tc estab- 
lish ether procedures for the removal cf officers frcn public 
office for cause. 

Section 15. DISTRICTING AND Af ECFTIC K«E M . (1) The 
state shall te divided intc as irany house districts as 
there representatives cf the hcuse and each district 
shall elect one representative. Each serate district 
shall be comprised cf twe representative districts fcr 
the election of one senator. Every legislative district 
shall consist or compact anc contiguous territciy arc 
te so nearly egual in population as is practicable. 



(2) 

in t 

autho 

izens 

desig 

p crti 

distr 

house 

sicne 

selec 

the 

fifth 

the s 



Imme 
he se 
rity c 
, none 
n a t e d 
cning 
icts. 

shal 
rs , wi 
t the 
cormis 
membe 
upreme 



diat 
ssic 
f th 

of 

to 
the 
The 
1 de 
thir 
fift 
sicn 
r wi 

ecu 



ely 
n p 
e Uc 
whom 
draf 
stat 
ma jc 
sign 

20 
h me 
. If 
thin 
r t s 



upon 

r ece 

ited 

ma y 

t a 

e in 

ri ty 

ate 

days 

mber 

the 

the 

hall 



erac 

ding 
Stat 
be p 

plan 

tc le 
and 

a ccm 
afte 

, who 
four 
t iae 
appo 



tiien 

eac 

es a 

ubli 

fcr 

gisl 

mine 

miss 

r th 

s ha 

mem 

pre 

int 



t ct t 
h cen 
cemmi 
c off 
redist 
ative 
rity 
icner . 
eir de 
1 1 ser 
ters f 
scribe 
the eh 



his 
sus 
ttee 
icia 
rict 
and 
lead 
The 
sign 
ve a 
ail 
d , a 
aim 



sec 

road 

cf 
Is 
irg 
ccng 
ers 

f ou 
a tio 
s ch 
tc s 

ma j 
an. 



tion 
e t 
four 
shal 
and 
r e s s 

cf 
r cc 
n, 

airm 
elec 
crit 



and 
y the 

cit- 
1 te 
reap- 
icral 

each 
irtris- 
shall 
an cf 
t the 
y cf 



(3) fro later than 9 days after appointment cf the 



108 



".ONTANA CONSTITUTIONAL CONVENTION 



chairman, cr following the official reporting cf each 
federal census, whichever is later in time, the ccmmis- 
sicn shall file a plan with the secretary cf state. 

(4) Any person aggrieved by the preliminary plan 
'11 have 30 days tc file exceptions with the commis- 
sion in which case the ccmnissicn shall have 3C days 
after th* date the exceptions were filed tc prepare and 
tile i revised plar. If no exceptions aie filed within 

Uys, or if filed and acted upon, th? ccmmissicr's 
plan .shall be final and have the force cf law. 

(5) Any aggrieved person may file an appeal from the 
l 1 in lirectly to the supreme court within 3C days after 
the filing. If tne appellant establishes that the final 
plan is contrary to law, the supreme court shall issue 
an order remanding the plan tc the commission and 
directing the commission tc reapportion and redistrict 
in a manner net inconsistent with such crder. 

(6) When the supreme cour^ has finally decided an 
appeal taken, the reappcrt icr sent plan shall have the 
force of law and the districts shall be used thereafter 
in elections tc the legislature until the next reappor- 
tionment is required. 

CCPKENTS 



T 
not co 
and a 
allcwi 
d ist ri 
into s 
Severa 
for it 
distri 
one-ha 
plif y 



he co 
nduci 
re 1 
ng tw 
ct w 
ingle 
1 me 
affo 
cts i 
If th 
the r 



mm it 

ve t 

eqal 

o re 

ith 

-mem 

mber 

rds 

ntac 

eir 

edis 



tee b 
c etf 
ly v 
prese 

the 
ter r 
s sa 
a deg 
t, th 
numbe 
trict 



elie 

ect i 

ulne 

ntat 

prov 

epre 

w me 

r c e 

e nu 

r ot 

ing 



ves that large multi-membe r districts are 
ve representation, are toe large ir. area, 
rable. However, the committee considered 
ives tc run at large within a senatorial 
isicn that the districts could be divided 
sentative districts as provided by law. 
rit in the "as provided by law" prevision 
cf flexibility. By keeping the seratcrial 
mfcer of representative districts would be 
herwise. They believed this would sim- 
prccess. 



However, a majority of the committee dislike this idea 
because it eliminates one of the major arguments for a bicameral 
legislature — two houses that represent different constituencies. 
The committee believes that senators should represent a larger 
constituency than the members of the house. In addition, the com- 
mittee believes that the more accurate and accountable repre- 
sentation afforded by single-member districts is wcrth the addi- 
tional problems involved in drawing bcundary lines. 



The rest cf the explanation cf this section is the 
that found under section 15 of the unicameral article. 



sane as 



Section 16. 
and minority 



THE PEOPLE«S 
leaders of 



AEVCCATE. (1) 
each house 



The majority 
shall together 



legislative Committee 



409 



a p p c i n t the people's advocate. 

(2) The people's advocate shall have the duty tc 
prcvile interna tier tc ar. y perscr up en request relatir. g 
tc government; and shall h a v e s u t p c e n a p c «. o r and 
authority t c investigate en complaint c r en his c w r. 
inxtiative any act cr cmissicr cf any agency of gcverr- 
ment, and take appropriate action. The legislature 
shall provide for this office and its operation. 

CCFP ENTS 



Ihe language and explanation cf section 16 are identical tc 

those in section 16 cf the unicameral article except that the 

words "in each house" in subsection cne replace the words "cf the 
legislature" . 



410 



NTANfl CCKSTIIUIICKAL CONVENTION 



COMMITTEE CN THE LEGISLATURE 
MINOEITY EHCECSA1 1 

EE ] ! PL: 

- the following i substituted for section 1 entitled 
"Legislative lc.tr" of the Majority F,icau.-=ral Proposal: 

1 1- g i s 1 a t i v : ; pov^r of the state shall be vested ir 

r,t consisting cf ere chamber; but the people 

e r v e tc their stives the initiative, including the 

ht to end this Constitution, and referendum 

\ ewers. 

ZsZ_£2i^it_Iee_Kelleher Z§/_Mae_Nan_Ecbinscn 

^s/_Eaj:hne_Pugb6e 

COMKENTS 

The Parliamentary Ercpcsal provides that the chief executive 
would be chosen by the raajcrity party in the legislature, rather 
than by a separate ballet, 

raembers shall serve four year terms, one-half of whoa 
shall be elected every two years. Each candidate must be a resi- 
dent of the state for one year preceding this election. 

The chief executive shall appoint a cabinet out of the 
legislature (choosing from either the aajcrity cr sincrity as he 
sees f it ) . 



Legislative Committee 



411 



MINCFI1I FKCECSA1 2 



BE II PROPOSED: 

That the following te sutstituted fcr 
"Size" cf the Majority Ficaiceral Frcpcsal: 



section 2 entitled 



The size cf the legislature shall te prescrited ty 
law, but the senate shall ccr. sist cf r. ct tscre than 5 2 
dci less than 4 5 in t m t e r s and the hcuse cf net occre than 
1 C 4 nor less than 9C si e a b e r s . 



^s^_G race_Ea tes 

/s/_flil£S_Rcn;n€ v. 

/s^_B^_N u^t ina 



CCKKEN1S 



have 

expe 

ment 

wher 

the 

prom 

pern 

this 

ad ju 

late 

much 

bure 

shcu 

ency 



ir Mo 
an 
ri ence 
. A s 
e the 
last v 
ise v 
aps no 

is 
sted t 
d rur 

acre 
aucrat 
Id nev 



n t a n 

adeq 
and 

mall 

star 

e-s ti 

ith 
lioi 

a f 

o gi 

al 

ref 1 

ic, 

er b 



a is 
uate 

exp 

leg 
f go 
ge o 

exi 
its 
igur 
ve a 
area 
ecti 

sta 
e sa 



to 

nu 

erti 

isla 

vern 

f CO 

st in 
shou 

3 ( 
dequ 

-J • 

ve o 

ff 
crif 



ip air. 

Biter 
se i 
t u r e 

s th 
ntro 

g f 

Id t 

45-5 

ate 

An e 

f th 

domi 

iced 



tain 

cf 

n al 

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412 



ANA CONSTITUTIONAL CCKVINTICN 



KINOPIT! P E C F C S A I 3 



PE IT PHOFOSEE: 



:t the following t<=. substituted fcr section a entitled 
"Qualif icaticns" cf the "ijcnty Bicameral Proposal: 

Lslative candidates mast te citizens cf the United 

states and qualified voters ct the State cf Montana and 

shall have resiled in cf Montana fcr one year and resi- 

cf the disttict fcr 60 days frier tc the primary 

e lecti cr. . 

Z§Z_5lS£S_£^^S§ 

^s^_Miles_BcmEe2 

^s i /_Tcrrei_ Johnson 

/ ;s^_F i _l i _Nuttin2 

^s/_John_H i _Ieuthgld 

COBKEMS 



Qualifications are provided fcr suffrage, legislators should 
at least possess the qualifications cf the electors who name the 
legislators. This entails having the same residence qualifica- 
tions fcr electors and their representatives. The primary elec- 
tion, being the first positive step in the election process, 
should be the determinative factor in such residence qualifica- 
tions as the legislature fixes in its effort tc provide the best 
possible representation fcr constituents. No exact time should 
be placed in th~ Constitution because chargir.g times and meres 
might necessitate revision cf residence as well as ether qualifi- 
cations. 



Legislative Ccmnittee 



413 



MINOBITY. PBCPCS&L U 

BE II PBOPOSEE: 

That the fcllckir.g fce sutst it utt •:! fcr section 
"Compensation" cf the Majority Eicameral Frcposal: 



entitled 



£ach member of the legislature shall receive ccmpen- 
satico fcr his services and allowances as nay be pre- 
scribed by law. Nc legislature tray fix its cwn ccaper- 
saticn. 

Z§Z_£'ag.i;us_Jasheii[__ 

Z^Z_13iISs_Ecffinei 

^s^_Icrrey._Jchnscn__ 

/s^_R i _T i _Kuttina 

COBKENIS 



The complications cf trying tc specify a particular nethcd 
cf payment that would meet ccnditicrs fcr years tc come lead us 
to believe that the methods must te left up tc legislative deci- 
sion. This provision dees net tie the legislature tc any partic- 
ular method cf determining amounts cr methods cf setting pay but 
will allow them tc adjust as they deem necessary. A complication 
arises in PEBS if the annual salary is less thar $7200. £ daily 
wage might satisfy these legislators desiring tc ccme under FERS. 



Ill 



MONTANA CONSTITUTIONAL CONVENTION 



MNCFITY FFCfcCSAL 5 

BE II FFCFI 

[hit the following be substituted fcr section 6 entitled 
"Sessions" cl the Major it j Picameral Proposal: 

r clLovinq t h ■- general election the legislature shall 

in regular session before March 1 cr earlier as 

by law. The regular session shall net exceed 

: jgislative flays. Any business, till, cr rescluticr 

:, it adjournment of a session shall carry over 

. | the same status to any future special session 

during the fc i - r r i u a . 

Special sessions ret to exceed 3C days may be ccn- 
v e n ed by the governor or t y a n? a j c r i t y v c t c c f the 
membership cf each house. Regular and special sessions 

, be extended by a majority vote of each house. 

^s^_lcr re_y_ Jch rscr 

Z§Z_!5iIS§_M£IIiii 

Z£Z_Ma2nus_A asheim 

^s^_Grace_Eates 

/s^_B_j__T A _Nuttir2 

CORK* NTS 

The minority report allows fcr a date certain to convene, 
with an allowance for it to adjust to changing times. It provides 
for a deadline toward which the legislature can work, and yet, ty 
a majority vote can extend the regular session to adjust fcr 
emergencies. Th-^ minority report specifies legislative days; thus 
allowing the legislature to recess without pay. 




Setting the nuirber cf days is net as restrictive as scse 
would like; however, the committee feels that restriction is 
necessary in order to keep the legislature cpan to as many 
vocations as possible; net to have a restriction will make for a 
professional type of law making body. The prevision giving the 
body the right to call itself back irtc session by majority vote 
is flexible; yet there is the implied understanding they must 
make an accounting for the extension to their constituents. The 



Legislative Ccnnittee 



415 



provision is also flexible in that the bcdy has the ability to 

use interim committees which may eliminate the necessity cf the 

whole group meeting Ecr planning special assigments such as the 
budget. 



The prevision a till say be carried ever tc another cresting 
will be a saving of both titre and nrcney. 



U6 



MONTANA C0NST1TUIICNAL CCNVENTICN 



C & C S S BEE I FENCES 



PHCFCSEC ShCHON 



PRESENT AF1ICLF £ SECTICN 



V, 1 



1 

1 

1 1 
1- 
1 ' 
14 
1! 

1b 
Not z a i lace i 



V, 

v, 
v, 
v, 

v, 

V, 

v, 

v, 

v, 

VI 

Nei 
2C 

.3 9 



V - (repeal-. d) 

2, 6 



1 . 
i 

45 

1 c 

7 

9, 
19 
26 
4 
16 
1 



- ( r s f - a 1 e d ) 



1C, 11, 12, 13, 14, 24 
, 12, 24, 23, 33, 35 

; VII, 12, 13 
, 17, 18 

, 2, 3, 3G (deleted) 

31 (deleted) 



2 1, 22, 25, 27, 26, 29, 
31, 32, 34, 36, 37, 38, 
41 , 42, 43, 44, 46 



Legislative Ccanittee 417 

AFEF.NEIX E 

PRgfOSAIS_CCNSIDEFEE_E Y_CCMHITTEE 

The following delegate proposals were examined and consid- 
ered by the Legislative Committee during its deliberations. 

Number of 
IE2£2§al Chief_3£C£SCE Sub ject_£a tte r £is£csi tier. 

1. 19 Miles Eomnsy Change nesting Rejected 

date tc Feb. 1 

2. 22 Arlyne Reic- Unicameral Adopted in 

hert part 

J. 25 Chet Playlcck Legislature Fejected 

override gov- 
ernor vetoes 

U. 63 Fcbert Ver- Financial dis- Fejected 
Billion closure 

5. 1C1 Robert Kelle- Liirit campaign Fejected 

her spending 

6. 123 James Felt legislative in- Adopted 

terin? ccimit tees 

7. 136 Robert Kelle- Farlianert Fejected 

her 

8. 14C Grace Bates Bicameral Adopted in 

part 

9. 141 Grace Bates Legislative Fejected 

salaries 

10. 15C Robert Kelle- Cffice cf Adopted in 

her People's Ad- part 

vccate 

11. 158 Miles Romney Conference coot- Adopted 

mittee report 
rule 



418 KCMANA CCNSlIliniCNAL CCKVEKTICS 

AFtEKCIX C 

5lIIiiSSES_HEAFE_Ej[_CC^MITT|i 

Nam e_ = _ Af f ilia tic r_-_Re£idence_-_Subject 

1. .niice Pettit - Montana Statt Cr.iversity Professor - 
Eozercan - Legislative article in general. 

2. Eod Luzzas - Co rst i tu t icna 1 Convention intern - Helena - 
Unicameralism. 

Carl Rcstad - Youth Constitutional Convention - Helena - 
Unicameralism. 

U. Howard Banks - Interested citizen - Helena 
Unicameralism. 

5. Diane Schladweiler - League ot Women Voters - Bczeman - 
Legislative, article in general. 

6. Jean Andersen - League cf kcirer Voters - Fillings - 
Legislative article in general. 

7. Rosemary Bcschert - Housewife - Billings - Bica&eralisu. 

8. Eyron Brown - Newspaper editor - Eillcr. - Bicameralism. 

9. John Layne - Citizens Ccnmitte^ en State Legislature - 
Helar.a - Legislative article in general. 

1C. C K. Cooley - Citizens Committee cr. State Legislature 
Lewistcwn - Legislative article ir. general. 

11. Joe Penders - Citizens Ccuirittee en State legislature - 
Great Falls - Legislative article ir gereral. 

12. George Kahoney - Student - F.elena - Conference ccoirit- 
teos. 

13. Robert Watt - Montana Student Presidents' Association - 
Helena - Feapport ion inert and conflict of interest. 

14. : t.-tneis Mitchell - Montana Ccttmon Cause - Helena - legis- 
lative article ir general. 

15. Lency Aspevig - Representative - Rudyard - Bicameralism . 

16. Ed Shubat - Cascade County Commissioner - Great Falls - 
Article V, Section 31. 



legislative Ccmiittee 



419 



17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 

25. 

26. 

27. 

28. 
29. 

30. 
31. 

32. 

33. 
34. 
35. 



Dean Zinrickar - Rep resenting county ccmirissicners - 
Great Falls - Article V, Section 31. 

Kile Dean - Cascade County Com missions! - Great Falls - 
Article V, Section 31. 



Carol Mitchell - font ana Cciici: Cause - Helena 
lative committee meetings cper tc the public. 



I eg is— 



Soger Earnaby - Montana Clerk of Courts Association - 
Wibaux - Article V, Secticr 31. 

Hardin Todd - Montana Clerk of Courts Association - Bill- 
ings - Article V, Section 31. 

David Hclliday - General "anacer, KELL - Helena - 
Eica ner alisn . 

Robert Taylor - Prcfesscr cf Geography - Eozeraan - Legis- 
lative article in general. 

Jack Gurderson - Representative - Fewer - Legislative 
article in general. 

Thomas Tcwe - Representative - Billings - Peapporticnment 

Fllis Waldron - Frcfesscr cf political science - Kisscula 

- Peapporticnment. 

Kiss Randi Heed - Student - Eisscula (UK) - Reapportion- 
ment. 

Jack Gunderson - Representative - Power - Reapportionment 

- Unicameralism. 

Paul Harlow - Delegate - Thcapscr Falls - Initiative and 
referendum (representative treat General Government Com- 
mittee) . 

James E. Nickel - Gynecologist - Helena - Unicameralism. 

Jack McDonald - Senator - Eelt - Dnicaireralisn . 

Norman Nickman - Dcctcr of medicine - Pisscula — 
Unicameralism. 



Den HcCammon 
Unicameralism . 



High School student - Helena - 
- Representative - Lesistcwn - 
Chase Patrick - Representative - Helena - Unicameralism. 



Eradley Parrish 
Unicameralism . 



120 



K C M A N A. CCNSTIIUTICKAI CCKVEITICN 



36. 
57. 
}8. 
39. 
40. 
41. 

42. 

43. 

'4 4. 
uS. 
46. 
47. 
48. 
49. 
5C. 
51. 
52. 
53. 

54. 

55. 
56. 



Cacrcw tepr^ser.tativ- - Billings - Eicatreralisa. 

1cm fcii -Interested citiz-n - Eczanan - Bicameralism. 

Con S c a n 1 i i - D e 1 < j a t e - Billings - Eicam?ralisu-. 

Lljyd Lockreni - -:p resenta t i ve - Fillings - Eicam eralisn. 

. s Kahcney - Delegate - Clancy - Eicameralisir. 

ineth Clark - United Transportation Onion Lobbyist - 
K i 1 e s city - Lobbying. 

Hi-'l Martin - Delegate - Livingston - 5ecall and legis- 
lative article in general. 

r] rcritz - s?Eitcr - Lefcistcvn - Legislative article 
in general. 

Gcrdcr icOmber - Senator - Fairfield - Legislative arti- 
cle in general. 

ive banning - Senator - Hysham - Legislative article in 
general. 

Glen E u g g - Senator - Plevna - Legislative article ir. 
general. 

Carrcll Graham - Senator - ledge Grass - Legislative 
art i c i e in general. 

Star. Stephens - Senator - Havre - Legislative article in 
general. 

J. n. Astjcrnscn - Bepresentative - Winifred - Legis- 
lative article in general. 

Hichael Greeley - Representative - Great falls - Legis- 
lative article in general. 

*^; Harrison - fi epresentat iv- - Helera - Legislative 
article in general. 

Osc •: Kvaalen - Geprese r.ta t i ve - Lambert - legislative 
article ir. general. 

J. D. Lynch - Representative - Eutte - legislative arti- 
cle in general. 

Chet Elaylcck - Lelegate - Laurel - Prcpcsal #25. 

E3b Vermillion - Delegate - Shelby - Prcpcsal #63. 

till Kcerner - Interested citizen - Hamilton - Legis- 



legislative Cctinittee 



421 



57. 

55. 
— > • 

60. 

61 . 
62. 

63. 

64. 
65. 
6 c. 

67. 

66. 

68. 
70. 



lative article in general. 

* r s . Irving I'cettqei - Interested citizen - East Helena - 
Unicameralism, sir-jle-merrter districts. 

Miles Rcmney - Delegate - Familtcr - Proposal #19. 

Grady '« alter. - Interested citizer - Helena - 
Unicameralism. 

Foy Hay worth - University student - M . isscula - Residency 
regu ire meets. 

Archie *ilscr. - Delegate - Hysham - Executive veto. 



Larry Faster.der - Representative 
Unicameralism . 



F c r t F h a *. 



fcilliao. Grcft - Senator - Victcr - Eicamer alis i . 

Robert Kelleher - Delegate - Fillings - Frcpcsal #136. 

fcilliam Groff - Senator - Victcr - Fcugh draft proposal. 

Karcld Gerke - Representative - Billings - Ecugt. draft 
propcsal . 

Duane fcelker - Interested citizer - Katriltcn - Fcugh 
draft prcpcsal. 

Ray Gilick - Interested citizer - Jcplir - Boogh draft 
propcsal. 

Don Garrity - Attorney - Helena - Parliamentary systen. 

Francis Mitchell - Interested citizen - Helena - Article 
35. 



71. Geoffrey crazier - Delegate - Helena - Delegate Frcpcsal 
# 1 1 C . 



72. Clint Grimes - Interested citizen - Helena - Delegate 
Proposal #150 (C tr tudsmar.) . 

73. Steve Kcldiron - Interested citizer - Helena - Delegate 
Propcsal #150 (Cmludsman) . 

7a. Tea Snyder - Interested citizer. - Ccrvallis - Article 7, 
Section 35. 

75. John Fay - Interested citizen - Hamilton - Article V, 
Section 35. 



422 



1.4NA CCNSTITUTICNAL CCiNVFNTICN 



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KOMI ANA CCtvSlIlUTICNAI CCNVJN1ICN 



Executive Committee 



429 



KCK1ANA CCNSTITU1 JCKAI CCNVENTICN 
1971-1S72 

EXECUTIVE CCMMITTII FBCFC5A1 



Date Fefcrted: F^ttuary 17, 1972 



ZIZ_2i2£§S_Fi_ J£I£§» Chairttar. 



^s^_j._C i _Garliratci} , Vice Chairman 



430 



MONTANA CONSTITUTIONAL CCNVENTICN 



TABLE C F CONTENTS 



LE1TEP OP lANSIITlAI 

TEXT CF KAJCFITY E FCFCS 2L . . . . 
COMMENTS ON PAJCFITY FECECSAL 

• . .! 1 



Page 
, . 432 
, . 435 



Section i 

Section 5 . 

t i o n 4 
.Section ^ 

tier 6 
Section 7 
Section 9 
Section 9 



Officers 441 

Election 444 

Qualif icat icr.s 445 

Duties 445 

Coicpensaticn • 447 

Vacancy in Office 447 

Departments 448 

Appointing fewer 449 

Budget and Messages 450 

*-icn 10. Veto Poker 450 

Section 11. Special Sessions 452 

Section 12. Pardons •• 452 

Section 13. Militia 453 

Section 1 «4 . Succession 454 

TEXT CF KINOFITY PROPOSAL 457 

COMMENTS ON MNCEITY PECECSAL 

Section 1 . Officers 462 

Section 2. Election 463 

Section 3. Qualifications 464 

Section 4. Duties 465 

Section 6. Vacancy in Office 465 

Section 12. Pardons 466 



Executive Cctririttee 431 

APPENE1X 

Cress reference ct present anc proposed Article 467 

Eelegate proposals considered ty committee 468 

Witnesses heard ty committee 470 

r> oil Calls 474 



432 



MONTANA CONSTITUTIONAL CONVENTION 



Date : , 1 1 , 1 c 7 2 

Tc: MONTANA CONSTITUTIONAL CONVENTION 

Ere : Executive Committee 



t i ■ : 

Executive Committee transmits herewith a proposed ^ u 
executive irticl* replacing Articles II, VII and XIV of the 
pres nt ( : ♦ .tuticr. 

In summary it repeals Article II relating tc new abandoned 

military tests entirely, inserts the n i 1 i t i a prevision cr Article 

XIV into the- new executive article, dnc completely rewrites the 

secutive article. The changes and reasons therefcr are set forth 

in the comments after -each new section, 

new article makes these changes. 

(1) It eliminates treir the Constitution, but dees net abol- 
ish., the state treasurer, state auditcr, state examiner, beard cf 
paid cns f heard or examiners and beard cf prison cemmissicners; 

(2) '■ Li lieutenant governor and governor must run as a team 
in the primary and general electicrs. 

(3) The office cf lieutenant governor is permitted tc be a 
full time pesit icn. 

(U) It provides the superintendent cf public instruction 
may b^ made an appointive effice by the legislature ir the 
future . 

(^) The salaries cf elected officials tray be increased but 
net decreased during the term. 

( f ) executiv budget is given Const ituticnal reccgni- 



xecutive Ccunittee 



433 



tier . 

(7) The governor's veto p c w ? r if modified by permitting the 
amendatory veto and the "pocket" vetc is eliminated. 

(?) The lieutenant governor Kill net assure the powers cf 
gcveirci until he is absent freir the state for <45 days, unless 
the governor authorizes him in writing tc sc act in the first 45 
day pericd . 

(9) It establishes a comprehensive disability procedure tc 
determine the disability cf the governor. 

(10) It clarifies the filling cf vacancies cf elected offi- 
ces. 

The committee is grateful tc all the elected state offi- 
cials, past and present, the administrative department heads, the 
delegates whe submitted proposals and all *hc appeared tefcre the 
ccicmittee. Special thanks go tc Miss Karen Eeck, cur research 
analyst, and Jchn Crawford, the college intern assigned tc cur 
committee and tc our efficient and cor scient icus secretary, Mrs. 
Barbara Lester. 

By signing the majority proposal the ccirmittee members do 
not necessarily endorse each and every prcvisicn therein con- 
tained . 

Vte trust that we have subaitted an improved executive arti- 
cle for the consideration cf the delegates and will graciously 
accept their final decision in the premises. 



Chairman 






MONTANA CCNSIIILIICNAL CCKVENTICN 



^s ( /_J i _C i _Garlir;otcri 

Vice Chairrran 



Executive Ccmirittee 



435 



MAJOEITY FErCRT 

BE II EBCFCSEC EY TEE EXECUTIVE CCKF.ITIEE: 

That there be a new Article en the Executive tc read as fel- 
lows : 

AFTICLE 
THF EXECDTIVE 



Section 1. OJEICEPS. (1) The executive department shall 
consist of a governor, lieutenant governor, secretary of state, 
attorney general, and superintendent of public instruction. 

(2) The superintendent of public instruction shall be the 
chief educational officer of the state, and shall have such qual- 
ifications, duties, salary, term of office and nanner cf election 
or selection as is provided by law. 

(3) Except as herein provided for the superintendent cf 
public instruction, each shall held his office fcr a term cf four 
years, commencing en the first Monday of January next succeeding 
his election and until a successor is elected and gualified. 

(4) Each shall reside at the seat cf government, where he 
shall keep the public records cf his office. 

(5) Each shall perform such duties as are prescribed in 
this Constitution, and ty law. 

Section ?. ELECTION. (1) The governor, lieutenant gcver- 
nor, secretary of state, attorney gereral and the superintendent 
of public instruction, if his election is provided ty law, shall 
be elected by the qualified electors of the state at a general 
election held and finally determined as provided by law. 

(2) Each candidate for governor shall file jointly with a 
candidate for lieutenant governcr in primary elections, or other- 
wise comply with nomination procedures, so that the effices cf 
governor and lieutenant governcr shall be voted upon together in 
primary and general elections, as provided by law. 

Section 3. QUALIFICATIONS. (1) Any person shall be eligi- 
ble tc the office of governor, lieutenant governor or secretary 
of state if he or she is a citizen of the Dnited States, a resi- 
dent of Montana for two years next preceding the election, and is 
otherwise a qualified voter. 

(2) In addition to the foregoing qualifications, any person 



436 



NCNTANA CCNSTIIGTICNAL CC !>, V E KTIC N 



I 



a ttci :. y 



. Lfc] tc -. ffice cf ittcrrey general shall U 



i n 



good sta: I in 9 id mitt I *"0 



ractic<= law 



or ■' ::-i.. -, I iv- engaged ir. the active practice 



a n 
in t h € stats 

thereof tc: 



f i v 



l J c: icn . 



DUTIES. (1) > cutive pcwer cf the state is 
governor, who shall see that the laws are faith— 



■ ' ' 4. 

• _ '. in th« 
t u 1 1 j -x cut i . : h ill have such ether 
p r c v . • ; , ii a : provided by law. 



duties as 



ari 



herein 



{ -) J, ]• nar.t governor shall perfcrs the duties dele- 

gated tc - jov rr.cr, ard thes^ provided for hi a by law, 

specifically vested ir the governor by this Consti- 

m an- 



t u t i c i may b e del :- g 1 t e d t c t h • 
nt-i. 



lieutenant g~v-rrcr in thi; 



(3) The secretary of state shall irairtain the official 
records cf the acts cf the legislative assembly, and cf the 
executive lepartment, as provided by law. He shall keep the great 
seal of the state cf Montana, and perform any other duties pre- 
via > ' by law. 



st . 



p) :t: attorney general shall te the It gal officer cf 
, wit:, the duties and powers provided by law. 



the 



ticn 5. CCKFENSATICN. (1) Cfficers cf the executive 
department shall receive salaries provided by law, which nay te. 
increased but net oe creased during the term cf office. 

(1) Nc elected officer or the executive depart ire nt may 
during his term held any ctfcsr public effice, cr receive ccaper- 
saticr: for his services from any govern mental agency. He may be a 
candidate fcr any public office during his term. 

Section 6. VACANCY TN CfflCE. (1) If the office cf lieu- 
tenant governor becomes vacant by his successa.cn to the office of 
governor, at by his death, resignation cr disability as deter- 
mined by law, the jcvanci shall appcir. t a qualified person to 
held h eve in that effice fcr the remainder cf its tern. 

(2) If the office cf secretary cf state cr attorney general 
becomes vacant by death, resignation cr disability as determined 
by law, tha governor shall appoint a qualified person tc held and 
serve ir. that effice until the next general election, and until 
his successor is elected and qualified. The person elected to 
fill sue!. vacancy shall held the effice until the expiration cf 
the tern, fcr which the person he succeeds was elected. 

( ; ) If the ctfice cf superintendent cf public irstructicn 
becoi vacant, it shall be filled ir the Banner above provided 
is at the time an elective office; otherwise it shall be 
filled as provided by law. 



2C DEPAFTMENIS. All executive and administrative 



Executive Ccmmitte* 



437 



offices, boards, bureaus, cctririssicr.s , agencies and instrumen- 
talities of the executive department of state government arid 
their respective functions, powers, and duties, except for the 
of rice cf geverner, lieutenant govern cr, secretary cf state, 
attorney general 2nd superintendent cf pur lie instruction shall 
be allocated ty law ainci.g and Hit hie ret icie than 2C depart- 
ments. Subsequently, ill new peters cr functions shall be 
assigned to depart nerts , divisions, sections, cr units ir such 
manner as fcill tend tc prcvide an orderly arrar. cenent ir the 
administrative organization el state gcvtrrj c r + . Temporary ccc- 
missiens may he estatlish-d ty law and leed net be allocated 
within a principal departnert. 



APPOINTING FCWtB. (1) The principal departments 
s2ction 7 shall be u.v.^r the supervision cf the 
■except as otherwise provided herein cr ly law, 
ty a single executive appointed ty the governor 
confirmation by the legislature. Such executives 
shall held office until the end cf the tern cf the governor, 
unl-ss sooner removed by the governor. 



Section - . 
provided for in 
governor, and, 
shall re headed 
and subject to 



(2) The- governor shall appoint, subject tc confirmation ty 
the legislature all officers provided for ty this Constitution 
or by law and whose appointment cr election cr term is not other- 
wise provided for. They shall held office until the end cf the 
term cf the governor unless sooner rcircv^d by the governor. 

(3) If a vacancy in any such office occurs during a recess 
of the legislature, th^ governor shall appoint seme fit petscn tc 
discharge the duties thereof until the next meeting cf the legis- 
lature, when the office shall be filled ty appointment ard con- 
firmation. 

(U) No person not confirmed by the legislature for an 
office shall, except at its request, te rcminated again fcr that 
office at the same session, cr te appointed tc that office during 
a recess of tne legislature. 






BUDGET ANE MESSAGES. The governor shall at the 
each legislative session, and may at ether times, 



Secti 
beginn ing ct 

give the legislature information and reccniend ireasures he con- 
siders necessary. The governor shall submit tc the legislature at 
a time fixed by law, a budget fcr the ensuing fiscal period 
setting forth in detail, fcr all operating funds, the proposed 
expenditures and estimated revenue cf the state. 



Section 1C. VETC ECfcEF. (1) All tills pessec ty the legis- 
lature, except tills proposing anerdirents tc the Kcntana Consti- 
tution, bills ratifying proposed amendments tc the United States 
Constitution, resolutions, and initiative and referendun aea- 
sures, shall ta submitted to the governor who shall sign cr veto 
every bill within five days after its delivery tc him if the 



legislature is 



in 



session, cr within 25 days it the legislature 



is adjourned. The governor shall return vetoed bills tc the 






MONTANA CONSTITUTIONAL CONVENTION 



legisl tu with a statement cf his objections. 

( z ) governor rcay return any bill tc the legislature 
with his objections and with a r ecctr it e r.dat icr. fcr an a&encreer;t cr 
amendments to it. If the legislature passes the bill in accord- 
ance with ie governor's recommendation, it shall again return 
the bill • ' • jovernor for bis reconsideration. The governor 
shall net : turn a bill a second time, fcr amendment. 

(j) Open receipt cf a veto message, the legislature shall 
reconsider passage cf the vetoed bill. A twe-thirds vote of the 
members present overrides the vetc, and the bill shall become 
law. 

(4) T i the legislature is net ir session when the governor 
vetoes a bill, he shall return the bill with his objections to 
the legislature in a manner authorized by law. The legislature, 
as provided in section 11, nay reconvene itself to reconsider any 
bills ?c vetoed by the governor. 

( c ) The governor may vetc iteirs in appropriation bills, and 
in such instances the procedure shall be the same as upon veto cf 
an entire bill. 

Section 11. SPECIAL SESSION. Whenever the governor considers 
it in the public interest, he nay convene the legislature, either 
house, cr the two houses in joint session. At the written request 
of two-thirds of the members of each hcuse, the presiding offi- 
cers cf both houses shall convene the legislature in special 
sessicn. 

Section 12. PARDONS. The governor shall have the pewer to 
grant reprieves, commutations and pardons after conviction, 
reinstate citizenship and may suspend and remit fines and forfei- 
tures subject to procedures prescribed by law. 



Section 1 3. 
in-chief of the 
forces are in 
have power to call 



CILITIA. 



(1) The governor shall be ccuarder- 

militia forces cf the state, except when these 

the actual service of the Dnited States, and shall 

cut any part of the whele cf 



t>(jm-i. tu Ldii cut any part or tne wncie cr saia icrci 
in the execution cf the laws, tc suppress insurrection 
1 invasicn. 



(2) The militia forces shall consist cf all able-bcdied 
citizens of the state except such persons as are exempted by law. 



Section 11. SUCCESSION. (1) If the gcver ncr-elect is dis- 
qualified, or dies, the lieutenant gcverncr-elect upon qualifying 
for the office shall become governor fcr the full term. If the 
governor-elect fails tc assume office fcr any ether reason, the 
lieutenant governor-elect upen qualifying as such shall serve as 
acting governor until the governor-elect qualifies for office, cr 
until the office becomes vacant. 



Executive Ccmittf' 



439 



(2) The lieutenant governor shall serves as acting governor 
when requested in writing by the governor tc do sc. He shall 
serve as acting governor during the absence iron the state of the 
governor for anj period in excess of 4 5 r. a ys. 

(3) Ha shall also serve as acting gcverrcr when the gover- 
nor is disabled and by reascr. cf that disability is unable to 
communicate tc the lieutenant governor the fact of his inability 
tc perrcim the duties of his office. The lieutenant governor in 
such event shall continue tc s^rve as ictir.g gcvemci until the 
governor resumes the duties cf his office. 

(4) Khenever the lieutenant gcv-rr.cr and attorney general 
transmit to tne presiding officer cf the legislature their writ- 
ten declaration that the governor is unable to discharge the 
powers and duties cr his office, the legislature shall convene. 



( 
d e t e r m 
gove rn 
office 
the sa 
mi ts t 
lara ti 
duties 
deteria 
lagisi 
tc dis 
aoverr. 



5) 

1 U -: 

c r 

me 
c t 
en 

cf 
ine 
atu 
cha 
cr . 



s 

is 
th 3 
as 
he 
tha 
hi 

re 
rge 



the leg 

tj 

una b 

li 
act i 
pr es 
t no 
s cf 
cthe 
so d 
the 



t wo- 
le t 
eute 
ng g 
id in 

ina 
f ice 
r w is 
eter 

pew 



IS 

th 

n i 

e v 

9 

ti 



mi 
er 



lature, within 21 days after cenve 
irds vote cf its members present tha 
discharge the pewers and duties of 
nt governor shall enter upen and disc 
ernci; thereafter, wher the gcverrcr t 
officer cf the legislature his written 
lity exists, he shall resume the power 
within 15 days, unless the legisl 
by two-thirds vcte cf its members. I 
nes, the lieutenant governor shall con 
s and duties cf the effice as a 



nmg, 
t the 
his 
harge 
rans- 
dec- 
s and 
at ore 
r t'..i 
tinue 
ct ing 



(6) Cf the office cf gcverrcr Deccmes vacant by reascn cf 
death, resignation, or disqualif icat lcr, , the lieutenant gcverrcr 
shall become gcverrcr fcr the remainder cf the term. 



(7) Additional 
provided by law. 



succession tc such vacancies shall be as 



(8) When there is a vacancy in the effice ct gcverrcr, the 
successor shall have the title, powers, duties and emoluments cf 
that effice and shall be the governor. When the successor serves 
as acting governor for a temporary period, he shall have only the 
powers and duties of the effice fcr the pericd durirg which he 
serves as such. 



Z§Z_5il£Ii£_Ii_JSI£e 
Chairman 



Z§Z_s2 .•_£.._ Gar lira ten 
Vice Chairman 



440 



MCNTANA CCNS1 ITU^ICKAL CONVENTION 



^s^_Haicld_Ar tanas. 



^£ i /_Frid_J i _Kartir_ 



^s^_Richar d_t?.._Rceder 



Z£Z_f§£32£St_S._Warden 



Executive Committee 



441 



COMMENTS CN MaJCFI'iY EHCtCSAL 



Section 1. CFFICEBS. (1) The executive department 
shall consist or a governor, lieutenant governor, 
i;ecr:tiiy cf state, attcrn-y general, and superirter- 
d e n t of putlic instruction. 

(2) The superintendent cf putlic instruction shall 
be the chief educational officer cf the state, ard 
shall have such qualifications, duties, salary, term cf 
office and manner of election cr selection as is pro- 
vided by law . 

(3) Ixcept as herein provided tcr the superintendent 
cf public instruction, each shall he 13 his office fcr a 
term of four years, commencing on the first Monday cf 
January next succeeding his election arc until a suc- 
cessor is elected and gualified. 

(U) Each shall reside at the seat cf government , 
where he shall keep the cufclic records cf his office. 

(5) Each shall perform such duties as are prescribed 
in this Constitution, and ty las.. 



COMMENTS 



The first sentence cf section 1 reveals the decision cf the 
majority cf the executive committee as tc the length cf the 
ballet — it is neither "short" ncr "long". Ey a minority repcrt, 
the "long" ballet is favcred, and ty an anendnert tc be presented 
en th° floor the "short" ballet will te proposed. Thus, the con- 
vention will consider in all its aspects the structure of the 
state executive department. 



The majority decision is tc remove from the Constitution the 
offices cf state treasurer and state auditor, and to place in 
optional elective or appointive status the superintendent cf 
public instruction. In addition, the committee is unanimous in 
removing from the Constitution the office of state examiner 
(section B) . In reaching this decision, the committee emphasizes 
to the convention that removal from the Ccrstituticn dees net 
automatically delete cr terminate the offices affected. They 
remain statutory offices until changed by the legislature, and 
all the arguments advanced to this committee fcr retaining them 
as elective offices are egually applicable tc the legislature. 

The principal reason for the ccamittee decision is that the 
functions of the state treasurer, state auditor and state exam- 
iner are changing materially under the reorganization plan, and 
we believe that their future pesitien shculd th 



:herefcre ret be 



442 



MONTANA CCKSininiCNAL CONVENTION 



"frozen" in their present fern. Similar considerations apply to 
the superintendent a public instruction, as will be explained 
1 iter. 



ject , 

irtervi 
ex-acu' 1 
a f f e c t e 
vet 

check a 
lyz 

applies 
the 



H a vi 

- 

v 

d n 
i :. 1 
rid b 
1 1 ' 
t li 
e ral 



cf car decision en these sub- 
procedures in making their, fce 
principal officers of the 
hew their functions have been 
the a nerd [rent approved by the 
970, and how their functions may serve as forms cf 
ilance on other functions, Frorr this information, ana- 
ccmpir'r i with the modern trends in ether states where 
tc conditions in Montana, we concluded with respect to 
offices : 



< tat< J the esser.ee 

ill describe briefly cur 

practically all of the 

ctment so as to learn 

y reorganization under 



;~vernor - the people having decisively vcted tc implement a 
well-crdered executive department cf government in place of the 



100 



cr more 



boards, bureaus, commissions , =tc, it is clear that 



a strong and responsive chief executive i: 
clarified his powers and duties accordingly. 



desired. we have 




Attorney General - he is the chief legal officer of the 
state. He prosecutes or defends all litigation in which the state 
is a party, he is legal counsel tc all state officers and agen- 
cies. He supervises many of the functions cf ccunty attorneys, 
and through then the county officers and agencies. In addition 
to this, he is legal adviser tc the governor, and here there 
arises divergence cf opinion as tc whether he should be appointed 
by the governor (so as tc be fully compatible with his client, so 
to speak) or be elected by the people (so as to be primarily 
responsible tc then). 

The majority cf cur committee believes he should be in 
independent status as an elected officer, charged with enforce— 
■ent of all the law for all the people. Since the governor 
already has much authority, through the appointing power partic- 
ularly, we favor having an independent attorney general free tc 
inquire into the faithful per for nance cf duty by any state offi- 
cial cr employee. He believe the governor should have the right 
and opportunity tc choose his own legal counsel, but that such 
counsel should be a part of his official staff rather than the 
attorney general. 



Secretary cf State - this office has a long historical and 



Executive Committer 



443 



traditional significance, and we thir, k there is valid r 
retain it for practical purposes as well as tradition. A 
cial custodian cf the state's most iupcrtart legisla 
executive documents, we believe he alsc should hav? th 
safeguard ci independent election with Cc r.s tit u tier al 
His principal functions are ministerial, net policy fcrmi 
by removing certain Constitutional boards cm which 
served, there is little basis for fear that his position 
the future hamper the executive function cf the gcverncr. 

State Treasurer - 



eason to 

s effi- 
tive and 
e clear 

status, 
n g , and 

he has 
might in 



State Auditor - thesr- offices are primarily charg 
duties in the financial area. With the advent cf recrgan 
the entire accounting and beckkeeping process cf all st 
local agencies is being converted into a uniform patter 
thp legislature has developed the process cf leg 
post-audit, and there is a growing pre-audi+r system. 
tee believes it unwise tc retain ir Constitutional 
offices whose principal service is in this very 
field, and that efficient auditing and record keeping 
allowed to develop flexibly through legislation as techno 
experience permit. 



Ihe 

sta 
flu 

sh 



ed 

izat 
ate 
n. A 
isla 
ecu 
tus 
c t ua 
culd 
legy 



with 
icn , 
ard 
lsc , 
t i ve 
nit- 
two 
ting 
te 
ar. d 



Superintendent cf Public 
of the executive department, a 
ticnal function, as establish 
the duties of this office, and 
of education, in order tc 
included, excluded or modified 
ticn exclusively referable tc 
board performs practically 
and secondary education. Ihus, 
beard charged with complex re 
field, and is without full-t 
tance. There is much public su 
instead cf election a prcfessi 
exists by virtue cf th? prese 
port for retaining the present 
office. There is also clear ne 
ity which currently exist as t 
ities cf the board and the sup 
mutual forbearance. There is c 
educational field, du^ to the 
erty tax equality new being 
Minnesota. Therefore, the cemm 
of Montana's $1CC,CC0,CCO per 
remain frczen in any form in t 
handle the superintendent's 
allows the legislature tc make 
as in its current judgment it 



Instruct icn - t 
rd yet it affec 
ed by Article X 

its relation t 

determine whe 
. It performs 

the uriv~rsit 
no function ref 

the beard is, 
spcnsibilitiss 
iine prcfessicna 
ppcrt fcr cbtai 
cnal educator t 
nt Constitution 
status cf t 
ed tc resolve t 
c the respectiv 
erintendent, re 
lear prophecy c 
Constitutional 

litigated in C 
ittee believes 

year education 
he Constitution 

office by an c 

the effice ale 
finds mest adva 



his effice is 
ts solely the 
I. We fully e 
c the state 
ther it she 
practically r 
y system , a 
enable tc ele 
in net effect 
in a prof e 
1 ccunsel and 
nirg by appc 
o till the ga 
. There is al 
he superinte 
he doubt and 
e duties and 
w resclved si 
f vast change 
problems as t 
alifcrnia, Te 
the whole st 
al system she 
, and propo 
pticnal methc 
ctive or app 
ntagecus . 



a part 

educa- 
xplor ed 
beard 
uld be 
c fu re- 
nd the 
ff e r. t a r y 
, a lay 
ssiona 1 

assis- 
irtmen t 
p which 
sc sup- 
rdent • s 
a m b i g u— 
author— 
irply by 

in the 
c prcp- 
xas and 
ructure 
uld net 
ses to 
d which 
cinti ve 



Beard of Exam 
eral and secret- 



miners - composed cf the gcverncr, attorney gen— 
ary cf state, this beard ence was very powerful. 



Ill 



ANA CCl>£ , inilICN/ , L CCNVfKTICK 



It is nc Longer so, n "ino cr.ce a acrth for a few minutes to 
consider ui later! claims (if any) against the state. This 
is occurred through the rectgan izaticr. . Eeing nc longer 
useful, the ccoimiM. I lievcs it should te deleted frc 
stituticr, to 1 ■ reviver] by legislation if necessity 
should acai] irisc 



the Con- 
fer it 



of 

ined t 
i iv r 
audit 
a n t i c i 
mate u, 
will t 
this i 
the 1 
examin 



• • 
ate 

cnl 

s a 
egi 



xan i 

>xami 

account 

y ct 

gre it 1 

. rt 

rniz- i 
udil 

statut 
sla tur e 
h i ui s e 1 f 



n^r 

ner, 

s cf 

cour. 

y ch 

has 

accc 

is 
or y 

.1 s 

ccr 



- IT'CS 

rut 

SCHt 

t y a 

net \ 
untin 
this 
m itte 
cha 
curs 



t Co 
Pent 

sta 
nd 

Lie 
et b 
g an 
must 
r wh 
r. g in 
in t 



nstituticr.s do net create an office 
ana did in 1R8<3. Khile he ence exam- 
te offices, he has become the exarc- 
lccal agencies now. The legislative 

fuccticr, and many more changes are 
eer. determined hew Montana's ulti- 
d record system, en a unifcrn basis, 

await its completion. In any event, 
ich should be free for adjustment by 
g conditions may require. The state 
his v i e w . 



Section 2. ELECTION. (1) The governor, lieutenant 
governor, secretary of state, attorney general and the 
superintendent cf public instruction, if his election 
is provided by law, shall te elected by the gualified 
electors of the state at a general election held and 
finally determined as provided by la*. 




CCKKEN1S 



The rrajcr charge in this section is the prevision requiring 

the candidates for governor and lieutenant governor to run as a 

team at the time of filing. This is similar to the federal pat- 
tern . 



The committee' »s intent was to trake the lieutenant governor's 
duties full-time kith the legislature providing adequate compen- 
sation commensurate with the responsibilities to be delegated by 
the governor and the legislature. These would provide the lieu- 
tenant governor with an insight to gcverrnen tal responsibilities 
which would be cf great value in the event he would have to 
assume the governorship. The committee was aware and is in agree- 
ment with the legislative department committee's decision elimi- 
nating the Constitutional requirement that the lieutenant gover- 
nor must preside over the senate. More meaningful duties thus can 
be assigned to this office. 



Executive Ccirn it * 



445 



Other Elective Ctficials 

The article provides for the election cf the secretary cf 
state and the attorney general, hut nakes optional with the 
legislature the election or selection cf the state superintendent 
of public instructicn. 



Section 3. ^UALIFIC A11CKS. (1) Any person shall he 
eligible tc the office cf governor, lieutenant gover- 
nor or secretary cr state if he or she is a citizen cf 
the n i t e d States, a resident cf fen tana for two years 
next preceding the election, and is otherwise a quali- 
fied voter. 



(2) 
person 



In additicn 

he eligible tc 



person to he eligible tc 
shall be an attorney in 
tice law in the state - 
the active practice ther* 

+■ i r r - 



tc the tcregcing q ualif icat iens , ary 

the eft ice cf attorney general 

good standing admitted tc prac- 

cf Montana, and have engaged in 

ecf fcr five years before elec- 



CCFPENTS 



The majcr deletion in article 3 was removal of the age 
requirement for all candidates except the attorney general. This 
age deletion was discussed in detail, tut the majority cf the 
committee concluded the people, the basic power source for effec- 
tive government, could he relied upen tc Bake the prcper judgment 
as to candidates' qualifications and abilities tc cope with the 
responsibilities elective officials acquire with election. The 
majority of the committee ccEcluded the newly franchised young 
voters wculd vet:- just as wisely and cautiously as dc their 
elders. 

The exception for the attorney general was to conform with 
the proposed judicial article requiring five years cf active 
practice before election, which wculd require a candidate to be 
at least 26 years of age. 

Section 4. EUTIES. (1) The executive power cf the 
state is vested in the governor, who shall see that the 
laws are faithfully executed. He shall have such ether 
duties as are herein provided, and as provided by law. 

(2) The lieutenant governor shall perform the duties 
delegated to him by the governor, and those provided 
for him by law, but no power specifically vested in the 
governor by this Constitution may be delegated tc the 
lieutenant governor in this manner. 



(3) The secretary of state shall maintain the offi- 
cial records of the acts of the legislative assembly, 






MONTANA CCNSTITtJ'lICNAL CCNVEKTICN 



executive 3 e part ment , as provided ty law 



cf the state cf Fen tana, 
v i <J - c by law. 



He 
and 



shall k i ■ th great 

■ i. y oth ;r duties pro 

(4) i!.. iti neral shall be the legal officer 
state, with the duties ar.d powers provided ty 






; e c t i c n retains Article VII, section 5 cf the present 
Constitute with deletion cf the word "supreme" as 
ucus. It acknowledges the governor is the chief executive 
and is tc be in control cf the executive trar. ch cf the govern— 
meet. Ct course, he is limited in this connection ty laws passed 
by 1 [islature, and is further limited ty this secticr. from 
direct responsibility ct performing the duties assigned the 
secretary ct state arc attorney general. Yet he is charged with 
duty to see that these officials perform the duties assigred to 
then by law. 

specifying dual cuties for the lieutenant governor, 
naaely these delegated tc him by the geverner as well as these 
that Cdy be delegated tc hiir by law, this section makes it Con- 
stitutionally permissible for the legislature tc crake this a full 
time position. However, neither the governor nor the legislature 
can Legate to bin Constitutional duties assigned to the gover- 
nor, such as, the veto pewer, the appointive pewer, the budgetary 
power, the pardoning pow^r and others specifically set forth in 
the executive article. Tc assuire any of these powers the lieu- 
tenant gov n.cr irust become acting governor as hereinafter pre- 
via e c . 

[ t is important tc note that this section deletes the 
present Constitutional authority cf the lieutenant governor tc 
assuire the- towers cf the governor every time the governor leaves 
the state. 



The secretary cf state is made the official keeper cf the 
gr-^at seal and the official records. Ke can also continue to be 
the supervisor cf elections as he may perfcrir duties prescribed 
by law. By undertaking tc set forth specific duties it is hoped 
that future assignment cf duties ty law tc this office will be 
confined to the same general area and that the secretary of state 
will net be made a policy maker. However, we recognize the pewer 
of the legislature is plenary. 

Similarly, this section recognizes that the principal duties 
of the attorney general will be tc act as the legal officer cf 

state. The committee considered, tut rejected, including his 
recently acguired statutory duties with respect to law enforce- 
ment and public safety, while the ccnaittee believes it is proper 



Executive Ccmiittee 



117 



he should have such duties they shculd net he Constitut icra lly 
required. Again it is hoped this office will net be made a policy 
uakei. 

Section 5. CCMFENSA1IGN. (1) Officers cf the execu- 
tive department shall receive salaries provided tj law, 
which iray ba increased tut not decreased during the 
ten of office. 



(2) 



N j 



is a y during 



elected officer cf the executive department 
his term hold any ether public effice, cr 



receive compensation for his services frca any govern- 
mental agency. He may be a candidate for any public 
effice during his term. 



CCKKOTS 



This section changes the present Constitutional provision 
that permits decreases tut tars increases ir, salary during the 
term. The reverse is new permitted. The present Constitutional 
prohibition regarding increases in salary have Bade it impossible 
to realistically adjust for inf lat icnary pressures in the eccc- 
omy, and the risk that the legislature will be ever generous is 
not warranted by our history. 



The committee considered delegate 
wage board, but thought it to be 

ade in this section shculd give 

t just and fair salaries for elected officials. 



changes 
courage to s 



proposal 39 creatirg a 

a legislative matter. The 

legislature the 



The second paragraph makes clear an elected official cannct 
held two public offices at the sane time, ncr can he be cr two 
government payrolls nor receive compensation frcm the federal and 
state governments for performing governire rt al duties. It alsc 
clears any ambiguity that arises frcm the last sentence cf the 
present Article VII, section 4, and makes it clear the officers 
of the executive department can seek another office without 
resigning. Upon election, cf ccurse, he must resign cr decline 
one or the other. 



Section 6. VACANCY IK CFFICE. (1) If the office cf 
lieutenant geverner teccmes vacant his succession tc 
of governor, cr by his death, resignation cr 
as determined by law, the governor shall 
qualified person tc held and serve ic that 
the remainder cf its term. 



the office 
disability 
appoint a 
effice for 



(2) If the effice of secretary cf state cr attorney 
general becomes vacant by death, resignation cr dis- 
ability as determined by law, the governor shall 
appoint a qualified person to hold and serve in that 
office until the next general election, and until his 






MONTANA CONSTITUTIONAL CCKVEtvTICN 



iijccessor is elected ana qualified. The person elected 

to till sucn vacancy shall held the office until the 

expiration cf the terra tor which the parson he succeeds 
Led 



() it the office ci superintendent cf public 
i c.cnies vacant, it shall be tilled in 
ibeve provid ii it is a 4 : that tine 
; ctherwi; it shall be filled as 
Law. 



an elective 
provided ty 



C C K K T N T S 



ticn presupposes the governor and lieutenant gover- 
nor will run as a teai. It was therefore thought desirable to 
allow tl governor to appoint his own teairirate fcr the remainder 
of th€ tern whei a vacancy exis + s in the office cf lieutenant 
governor. However, with the ether officers we followed the estab- 
lished pattern cf requiring electicr if the vacancy occurs in the 
tit st half cf the term. 

appropriate exception is made if the superintendent cf 
public instruction is made an appointive position by the legis- 
la t u r ir the future. 



Sec 

istra 
c i e s 
of s 
power 
lieut 
•ral 
alloc 
depar 
shall 
or ur 
crier 
cf s 

iStdt 

I line 



t len 
t i v e 

and 1 
t =i t e 
s, an 
enant 
and s 
1 1 e d 
taie n t 

be 
its i 
ly a 
t a t =3 
lishe 
ipal 



7. 2C 
cf f ic 

nstr urn 

>JOV(-C 

d duti 

geve 

uperin 

cy 1 
s. Sub 
assign 
n such 
r r a n g e 

gover 
d by 
depart 



DETA 
es, t 
ental 
n ir e r. t 
es, e 
rncr , 
te rde 
aw a 
seque 
ad to 

n a n n 
iter, t 
nment 

la w 
inert. 



FIB* 
card 
itie 

a n 
xce p 

sec 
nt c 
ircng 
ntly 

dep 
era 
in t 
. T 
and 



NTS. 
s, b 
s cf 
d t 
t f c 
rsta 
f pu 
a r 
, al 
art a; 
s w 
he a 
empc 
need 



All 
ur c a 

the 
heir 
t th 
ry 
blic 
d w 
1 ne 
e r. t s 
ill 
dnin 
rary 

net 



exe 

us, 

exe 

res 
e cf 
f st 

ins 
ithi 
w pc 
, di 

ten 

istr 

cc 

Le 



cutive 
ccrriris 
cutive 
pecti v 
f ice c 
a te , a 
tructi 
n net 
hois c 
visicr 
d to 
ati ve 
air issi 
a 1 leca 



and 

sion 

de 

e f u 

t 9 
ttor 
en s 
mere 
r f 
s, s 
pre 
crga 
ens 
ted 



a a 
s, a 
fart 
ncti 
ever 
ney 
hall 

tba 
unct 
ecti 
vide 
ni2a 

may 
with 



nr- 
gen- 
ment 
ens , 
ncr, 
gen- 
re 
n 20 
ions 
or s , 
an 
tion 
te 
in a 



C C B ?. E Di T S 



1839 Constitution's inherent ccntradicticn — the dele- 
gation cf executive pewer to the governor, yet restricting that 
power due tc diffusicn in Constitutional beards — has been 
clarified by the adoption cf the executive r ecr ganizat icr acend- 
and the proposed corollary charges in this executive arti- 
cle . 



Executive Ccitnittee 



449 



cers, 
of th 
state 
laws 
t i c n a 
a b i 1 i t 
princi 
the cc 
ef f ici 
in fac 



reviously, the divided powers cf beards cf elective offi— 
such as the board cf examiners, made a ireckery cf secticn 5 
e present Constitution: "The supreme executive power cf the 
shall re vested ir the governor, who shall see that the 
are faithfully executed.". The gev^rner, under reorganiza- 
nd in this article, has the responsibility and the acccunt- 
y to the electorate and the legislature. This fundamental 
pie cf delegation cf pewer is an important breakthrough in 
ntinuing effort for effective, responsible, viatle and 
ent governaert. The state's chief executive will te chief 
t, not in rhetoric. 



The majority cf the committee deleted as Constitutional and 
elective officers the offices cf state auditor and state treasur- 
er in accordance with the conviction that the responsibilities 
and duties could be included under the 20 department reorganiza- 
tion amendment and statutes. 

Section 9. AEPCIMTNG ECSEE. The principal depart- 
ments provided for in section 7 shall be under the 
supervision of the governor, and, except as otherwise 
provided hereir or by la*, shall be headed by a single 
executive appointed by the governor and subject tc con- 
firmation by the legislature. Such executives shall 
ncld office until the end cf the term cf the geverner, 
unless sooner removed by the governor. 

(2) The governor shall appoint, subject tc confirma- 
tion by the legislature all officers provided for by 
this Constitution or by law and whose appointment cr 
election or term is net otherwise provided for. They 
shall held office until the end of the term cf the 
governor unless sccr.er removed by the governor. 

(3) If a vacancy in any such office occurs during a 
recess of the legislature, the governor shall appoint 
some fit person tc discharge the duties thereof until 
the next meeting of the legislature, when the office 
shall be filled by appointment and confirmation. 

(U) No person net confirmed by the legislature for 
an office shall, except at its reguest, be nominated 
again for that office at the same session, or be 
appointed to that office during a recess cf the legis- 
lature. 



CCrtMENTE 



The fundamental concept cf checks and balances by separate 
branches of government is a Xey part cf section 8. The governor 
has been delegated supervisory powers in this article in accord 
to his Const ituticnal designation cf executive pewer and the 






NTANA C0KSTITU7ICNAL CONVENTION 



. ■ ' 



zaticn in ndm?nt and statutes already approved. 



SfCtlCll I 

ti en, dating tack tc 
i tur* : id to 
whi ff 1 .' tc insignificance by 



ii. keeping with the legislative inpleffenta- 

.:■ 1 ? 2 C • s , cf such a program. However, the 

se 3 trend whereby -xecutive pewer had 

creation cf irere than 16 



;ta1 littl? executive- cr legislative super visict . 

Uf - irticle, t h = governor has beer delegated that 

pow^r, d s weJ - ' • eight tc appoint and relieve heads cf the 
Dri w »er, th« legislature has the pewer tc 

com sucl i ts with added safeguards tc protect reap- 

p o i ; * c f rejected n c m in e e s . 

tici . t IDG II ANE KESSAC-ES. Th€ governor shall 
at i jirrirg ct each legislative session, and iray 
it cth i times, give the legislature information and 
recommend leisures he ccr.siders necessary. The geverrer 

ill submit to the legislature at a time fixed by law, 
a bu | * fcr the ensuing fiscal period setting forth in 

• iil, fcr all operating funds, the prepesed expendi- 
tures utd estimated revenue cf the state. 



CCKKINTS 



This section idopts the prcpcsal cf the Ccnstituticr revi- 
sici. sub-committees made in 19€S f ard is in accordance with the 
pricr recommendation of the legislative council. The present 
statutory responsibility cf the geverner tc submit at executive 
budge 4 - tc the legislature is ir.ade mandatory by the Constitution. 



It revises section 1C ct tne present Article VII, and elimi- 



nates the 
section 10 



excess verbiage. The ether requirements cf present 
arc and should be governed by statute and administra- 



tive procedures. 

Section 1C. V2TC ECisrF. (1) All tills passed by the 
lslature, except bills proposing amendments tc the 
Montana Constitution, tills ratifying prepesed amend- 
ments tc the united States Constitution, resolu tiers, 
initiative and referendum treasures, shall be sub- 
mitted tc the governor who shall sign cr vetc every 
bill within five days after its delivery tc him if the 
I jislature is in session, or within 25 days if the 
lislature is adjourned. Th^- governor shall return 
vetoed tills tc the legislature with a statement cf 
his ccj-cticns. 



(2) ie governor may return any bill tc the legis- 
lature with his objections and with a recommendation 
fcr in amendment or amendments tc it. If the legis- 
lature passes the till in accordance with the 



txecutive Ccmmitte c 



451 



governor's recommendation, it shall again return the 

bill tc the Governor tor his reconsideration. The 

governor shall ret return a till a second time, for 
amendment. 

(3) Upon receipt of a veto nessage, the legislature 
shall reconsider passage of the vetoed bill. P> two- 
thirds vote of the members present overrides the vetc, 
and the till shall become law. 

(4) If the legislature is ret in session when the 
governor vetoes a bill, he shall return the bill with 
his objections to the legislature in a manner author- 
ized by law. The legislature, as provided in secticn 
11, may reconvene itself tc reconsider any bills sc 
vetoed by the governor. 

(5) The governor may veto iteirs in appropriation 
bills, and in such instances the procedure shall be the 
same as upon veto of an entire till. 



CCFfFNIS 



This secticn removes the governor from the process of attend- 
ing the state and federal Constitutions. Constitutional amend- 
ments initially must be approved ty a two-thirds vote in each 
house, which is the same majority reguired tc override a guber- 
natorial veto. Therefore, there is no reason to involve the 
governor in the process. Similarly, the signature cf the governor 
is net required for resolutions because resolutions do not have 
the effect of law. Consistent with section 1 cf article V cf the 
present Constitution, the governor has no veto power over initia- 
tive and referendum measures. 



Py the requirement in subsection 1 that the governor sign cr 
veto every till presented tc hie, the "pocket veto" is elimi- 
nated. Furthermore, subsection <J authorizes the legislature to 
reconvene tc consider pest-sessien vetoes. The tiae pericd fcr 
gubernatorial consideration of bills after adjournment of the 
legislature has been lengthened from 15 tc 25 days to give the 
governor sufficient time tc adequately study bills and in 
recognition cf the "log-jam" cf legislation passed in the closing 
days cf the legislature. 

The committee considered and rejected the reduction vetc, 
which is the power to reduce items it appropriation bills, 
because the members believe such a vetc cculd result in irre- 
sponsibility. The reduction vetc encourages the legislature to 
appropriate large sums cf money tc popular causes, shifting the 
onus of reducing the appropriations tc the governor, while it 
also enables the governor tc thwart an activity cr program with- 
out the stigma of killing it. 



152 



'ANA CChSlIIUTICNAL CONVENTION 



sui 

bii 
tnt 
bii 
ncr 
ame; 

■ 
] • t h . 
raor- s 
int 
v- t o i 



n a c 

■ 
atur 

eir te 
s F 

• i 
than 

■ 



C B 



V 



t 1 



ii L * I 
r « 

with 

. 

hi! - 
I t c 

u h i c 
r 
e x t 
Lne d i 



r t c o r.i 
i . 
ent a 
c th- 
d tr 
c c ir tr c 

h JUt 

egula 

*o .1 
i: iul 



hew 
u its 

I £ 
cc^ p 
gov 

C ii. 
t 3 
t V 

: ; i 



- v -r 
t h -: 
a t i c 
the 
ts t 
-rr.c 
net u 
£ th 
till 

2 6 t 

pr i a 

ICE 



gc 

i .- 
leg 

r r 
mi 
e 
a r 

tic 

5. 



v 

f c 
is 
gc 

1 9 
£ i 

d 
i a 
re 

r: 



hcriz 
rncu 
i cha 
lat ur 
v i r. c 

t ecc 

the 
t u a t i 
r e c c g 

erd.it 

pew 

tills 



e t 
to 
rge 
6 t 
r * s 
n e i 
ti 
ens 
niz 
cry 
e t 
. I 



he atrer.datcry veto in 
return a bill tc the 
£ that would cake the 
y aajcrity vote c f 

recommendations, the 

deration. The gcver- 

11 a seccne tiire. The 

when the governor, 

es its general merit. 

veto, it is utilized 
cf amerdatcry veto is 
u addition, the item 



ticn 11. SPECIAL SESSIC1*. fchenever the governor 

it in the public interest, he may convene the 

, I itui , ither house, cr the twe houses in joint 

i . At f written regutst of two-thirds cf the 

liemters or each house, the presiding officers cf both 

hcus ill convene the legislature in special 



CCF F.E tvTS 



This s ction mvis-s present secticn 11 cf Article V1T. It 
continues v l • power cf the governor to call special sessions tut 
removes his ire sent authority tc confine the subjects tc he con- 
sider I . L f the legislature is given power tc call itself into 
ic n t h a present limitation would te ineffective in any case. 



rhe secticn also p 
session t y ; i two- thirds 
on this question 
p ropes - I . 



rmits the legislature tc call itself irtc 

vets cf the full membership. The decision 

ill te reached in the legislative committee 



ticn 12. FARDCNS. The governor shall have the 

pew-r tc grant reprieves, ccrtmutaticrs and pardcr. s 

after conviction, reinstate citizenship and may sus- 

.: ] remit fines and forfeitures subject tc prcce— 

lure: prescribed by liw. 



CGFF E NTS 



Tnis secticn revises tbe present secticn 9 of Article VII. 
It :• i it. s all the material after the previse in the present 
section. The power cf the governor tc grant reprieves, cenmuta- 
tiens and pardons is still made subject tc procedures prescribed 
by law . 



ixicutive Ccimitt?'? 



453 



The legislature has new provided fcr an appointive lay board 
of pardons and paroles. It no dcufct will ccrtirue tc 1c so. Yet 
it seems to the majority cf the committee unnecessary tc require 
it. Ihe executive z ecrgar.i? it len director and the present chair- 
man cf the beard of pardons recommended the deletion. 



The historical ^cwd cf the c h i : f executive tc shew aercy 
should be retained, and the majority telieve there is no Consti- 
tutional r. _ j ec. tor a buffer tcarc appointed by the governor. 



By making no 
in present section 
repeal. The control of 

cf institutions and th 



reference tc the beard cf prison ecu miss ic r.ers 

C, the majority cf the committee suggests 

has beer assigned by law tc the 

Ccnst ituticral board censist- 

c f state has 



ti: 

the p risen 



department 

ing cf the governor, attorney general and secretary 
net beer. performing its Ccr.st it u t icra 1 duty in tact fcr many 

lh^ executive reorganization director recommends th c 

c conform tc the fact. 



years. 
repeal 



Section 13. F.ILIIIA. The geverner shall be commander- 
in-chief cf th= militia forces cf the state, except 



when these forces are in the actual servic 
United St at -is, "ind shall hev pcw?r tc call 
part of the whele cf said fcrces tc 3 i d m the 
tier cf the laws, tc suppress insurrection or 
invasion. 



F 
cf the 
cut a r y 
execu- 
te repel 



(2) The militia fcrces shall consist of all 
able-bodied citizens of the state except such persons 
as are exempted by law. 



C C M K F N 1 S 



The subject of military matters appears in Article II, Arti- 
cle XIV, and the above section which gives the governor command 
of the state militia. It no longer has the significance it did 
in frontier times, and has become largely superseded or obsolete. 
The committee recommends simple repeal cf Article II and Article 
XIV, and inclusion cf the first paragraph cf former Article XIV 
intc section 13 abeve. 



Article II - 



Research by the legislative council shews that 
none of the triiitary reservations referred 
presently ?xist as such. 



tc in this article 
ii. No similar article exists in ether Con- 
stitutions. Its subject matter having passed cut cf existem 
also should the article. 



:ce, so 



Article XIV - except for its section 1, which we have 
included in our section 13, this article merely refers tc various 
matters on which the legislature was tc pass legislatict. Since 
it cculd as well dc so without such prcvisicrs in the Constitu- 
tion, they serve r.c usetul purpose, and it is simply proper 






*;;niana ccbSiniiiCNAL ccnventicn 



i - z eliirinat them . 
leq ; c.c unc 1 1 . Cth i 
provisions. 



I h i s is a 1 s c recommended ty the 
Const itut icns do ret contain similar 



l paragra cf this section is femer section 6 car- 
ried lei*': ! w i t h c u 1 c h ai | . 

it; rend paragraph is tak-?n from section 1, Article XIV, 
j a +- changi ex inpt in cne significant respect. The committee 
includes f i.c daring, for ward- locking ladies whe foresee the time 
when t x will be liberated tc ^qual responsibility tor the 
sat ui state in time cf trcutle. They have vclurteered 
feminine membership in the state irilitia, something which bodes 
well rcr the future cf its readiness for action. Therefore, the 
dra: * as submitted omits the word "Bale" ty necessity, ar.d ths 
age limitations ry courtesy. 

Secticn 14. SCCCESSICN. (1) If the gcver ncr-elect is 
disqualified, cr dies, the lieutenant governor-elect 
upon qualifying for the office shall become governor 
fcr the full term. If the govsrncr-elect fails to 
assume office for any ether reason, the lieutenant 
go ve rncr-elect upon qualifying as such shall serve as 
acting governor until the governor-elect qualifies fcr 
office, or until the office heccires vacant. 

(2) The lieutenant governor shall serve as acting 
governor when requested in writing ty the geverner tc 
do so. He shall serve as acting governor during the 
absence from the state cf the governor fcr any pericd 
i:i excess of 4 5 days. 

(3) Re shall also serve as acting geverrer when the 
governor is disabled and by reason of that disability 
is unable tc communicate tc the lieutenant governor the 
fact of his inability to perform the duties cf this 
office. The lieutenant governor in such event shall 
continue tc serve as acting governor until the goverrcr 
resumes the duties cf his effice. 



(4) whenever the lieutenant governor and attorney 
general transmit to the presiding officer cf the legis- 
lature their written declaration that the governor is 
unable tc discharge the powers and duties of his 
office, the legislature shall convene. 

(5) If the legislature, within 21 days after conven- 
ing, determines ty two-thirds vote cf its members 
present that the governor is unable to discharge the 
powers and duties cf his effice, the lieutenant gover- 
nor shall ent^r upon and discharge the same as acting 
governor; thereafter, when the goverrcr transmits to 
the presiding officer cf the legislature his written 
declaration that no inability exists, he shall resuoe 



Executive Committee 



455 



: h e powers and duties c f his office . i t h i n 15 days, 
legislature determine ether wise ty t«c- 



members. It the legislature sc 



unless :n e 
thirls vcte of 

ter mines, th lieutenant gevtrner shall continue to 
discharge the powers ar.d duties cf the office as acting 
governor. 



(6) If the cilice ci govern ci hecc nr - s vacsrt by 

reason cf death, resignation, c: d isg uali f ica tier , the 

lieutenant gcv-riicr shall teccaie governor for the 
remainder of the term. 



(7) Additional succes: 
as provided by law. 



icn to such vacancies shall Le 



(b) fchen there is a vacancy in the office of gover- 
nor, the successor shall have the title, powers, duties 
and emoluments cf that office and shall fce the gover- 
nor, when the successor serves as actirg governor for a 
temporary period, he shall have only the powers and 
duties or the cfrice for the period durirg which he 
serves as such . 



ccn'iivis 



Subsection 1 authorizes 

become governor in the 
the geve rr.cr-e lect . Th* 



the lieutenant governor- elect tc 
event cf the death or disgualif icat icn cf 
..ie lieutenant governor-elect serves as act- 
ing governor if the governor-elect fails tc 
ether reason. Such a 

absence cf such a provision, the ccurts cf a least live states 
hav- deter 
office when 
inauguration. 



prevision 
^revision , 
■ a) i r. e d that the incumbent geverre 



assume office fcr ary 
desirable because, in the 



r should ccrtirue in 
governor- elect was unable 



to qualify fcr 



lieu 

the 

howe 

nor 

beli 

effe 

abse 

ited 

shcr 

stat 

ing 

geve 



tena 

geve 

ver , 

the 

eves 

ct iv 

nee 

f re 
t-ti 
e 45 

gcv 
rncr 



subsect 
nt gov 
rncr is 
the 1 
moment 

that c 
ely pe 
from th 
ir re-gue 
me abs 

days, 
>=rncr. 

f r en p 



lc n 
-rnc 

abs 
isut 
the 
y ut 
rf or 
e st 
stir, 
ence 
hewe 

Sue 
rclc 



2, t 
r t 
en t 
enan 
gov 
iliz 
m th 

.3 +■ £2 

a *, •= * 

g th 
A 
ve-r , 
h a 
nged 



he g 
c se 
from 
t go 
erne 
ing 
e du 
Fu 
e li 
f ter 
the 

Ft 
abs 



cverncr i 

rve as ac 

the sta 

verncr no 

r leaves 

modern cc 

ties or h 

rt her net e 

euteca nt 

the geve 

lieutena 

cvisicn 

ences frc 



s au 
ting 
te. 

Icn 

th 

maun 

is o 

, th 

qcv 
rncr 
nt g 
shcu 
ir th 



"r h c r i 
geve 
Unde 
ger t 
e st 
ica ti 
ff ice 
e gcv 
error 

has 
c vern 
Id te 
e sta 



zee 

rncr 
r t 
eccff 
at e. 
ons 

dur 
er do 
to 
been 
or d 
nd t 
te. 



tc 

, wh 
his 
es a 

Th 
the 
ing 
r is 

ac 
abs 
ces 
o di 



requ 
ethe 

sub 
ctin 
e c 
gove 
a sh 

ret 
t d 
ent 
beco 
sccu 



est 
r or 
sect 

g go 

CHffi 

rr.or 
crt 

pre 
ur in 

f r ere 
d e 
rage 



the 

net 
ion , 
ver- 
ttee 

can 
term 
hit- 
g a 

the 
act- 

the 



Although . v :Cntar.a's Const ituticn presently provides fcr suc- 
cession to the governorship in cases cf "inability" cf the gover- 
nor "to discharge the powers and duties of his office", proce- 



456 



ANA CCNSTIIUIICNAL CCNVFNTICN 



dur^ 
vi 1 
g a v - 
illu 

by t 
As 

. 

wcu 1 

scht 

ant 

unab 

gcv 1 



• 
tili 

: 

■ 

d e 
du 1 ' 

■) O V 
: 

mcr 



: . 

i . 
- 
t y a 

ty 

- 

r t | 
c cc 

C5C 



* : j 
: * u n 

ci fe 

: : 
:. + 
y-ii 
bo ve 
( v i 
d t 
r su 

t c 
ti iTi u n 
cv-~r 



i n i c g 

' ■ : i 1 
proc 

ec>- . . : 

rtn iii : * 

A in 

, un 1- 
ncr tc 

C IS 

" I ' > • 
bee 
icat e 
s « he 



d i £ a 

• 

ry. 
icr 

r su 

s?r 

Lt ua 

Su 

tc 

— d 

may 



cili 
i e n c 
erie 

es 

Th 
prcv 
■ : t 
r. c 
v 1 
t icr 
bscr 
ting 

r esu 



ty c 

nee 
for 
e cc 
isic 
cf t 
ticn 
s ac 

v. i ■ 
t ion 
gc 
fcr 
at t 



f th 
in s 

wit 
det 

IT IT 1 t 

! 1 i 

he U 

2 t 
ting 
r, f 

2 a 
ver n 
exair 
he d 



e q 
e ver 

h F 
erffi 
tee 
sed 
n i t e 

k< q 
gcv 
cr e 
lsc 

C £ 
Fl^r 

utie 



ever 

3l S 

rpc j 

nat i 
the 
upen 
d St 
ever 
jrnc 
xairp 
ant h 
when 

to 
s cf 



r cr at 
tates w 
dential 

cr c f g 
ref ere 

the ic 
ates C 
r c r may 
r. Thi 
Is, the 
ci izes 

the 
a strck 

his of 



e n 
ith 

di 
u her 

pro 
del 
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reg 
s a 

gcv 
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geve 
e . 
fice 



ct 

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f cse 
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itut 
uest 
uthc 
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rnor 
Kher 



prc- 
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lity 
rial 
s a 
ided 
ion . 

the 
rity 
r is 
ten- 
is 

the 



. ubsection 3 authorizes the lieutenant governor and attorney 
.1 tc declare the governor's disability, whereupcr, the 
legislature convenes tc deternine the validity of the declara- 
ticn. It two-thirds cf the legislature agree that the governor is 
disabled, the lieutenant governcr teccmes acting gcverrcr. The 
governor may resume nis effice by declaring that the disability 
nc lenger exists unless the legislature prevents his resumpticn 
cf powers Ly a twe- thirds vcte. 



when the governorship beccires vacant, the lieutenant gover- 
ncr succeeds tc the office of governor fcr the remainder cf the 
term, when the lieutenant gcvernor serves as acting governcr, he 
exercises only the powers and duties cf the effice cf gcverrcr. 



Executive Ccanittee 



4n< 



KINCFI1Y BEFCBl 

BZ IT PROPOSED EY IRE MINCftlTY CE THE EXECUTIVE CCKKITTEE: 

That there be a new ".rticle cr the Executive to read as fol- 
lows : 

RETICLE 

THE EXECUTIVE 



Section 1. OfEICEPS. (1) The executive department shall 
consist cf a governor, lieutenant governor, secretary of state, 
attorney general, and superintendent cf public instruction and 
sta te auditor. 



(2) 



a c h shall held his office fc: 



r a cf four yean 



commencing cr. the first Monday ci January next succeeding his 
election and until a successor is -lected and qualified. 



(3) _ach shall 
shall keep the public 



reside at the seat cf gcverraent, v. here he 
eccr ds cr his cffice. 



(U) ;acn shall c c rfcrir such 
this Ccr. stittticn, and ty law. 



utie 



as 



are 



prescr ibed 



in 



Section 2. ELECTION. (1) The governor, lieutenant gover- 
nor, secretary cf state, attorney general, state treasurer, the 
superintendent cf public instruction and state auditor shall be 
elected by the qualified electors cf the state at a general elec- 
tion held and rinally determined as provided ty law. 

(2) Each candidate for governor shall file jcictly kith a 
candidate rcr lieutenant governor in primary elections, cr other- 
wise ccaply with nomination procedures, so that the offices cf 
governor and lieutenant governor shall be voted upon together in 
primary and general elections, as provided by law. 



S 
to th 
cr sup 
the a 
office 
un less 
qualif 
be a c 
state 



action 3. QUALIFICATIONS. (1) No parson shall be eligible 
e office of governor, lieutenant gcverncr, attorney general 
erintendent cf public instruction unless he has attained 
ge of 3C years at the time of his election. 




to 



(2) In addition to the rcregcinq qualifications, any perscn 
be eligible to the cffice cf attorney ceneral shall be an 






"ANA CCKSTIIiniCNAL CONVENTION 



attorney in gccJ standing admitted tc practice law in the state 
it and hav i ,aged in the active practice thereof fcr 
fiv v -!- l col 1 e c t i c n . 






u. (1) Th< executive power cf the state is vested 
governor, wr.c shall see that the laws are faithfully exe- 
all hav< such ether duties as ar<= herein provided, 
and as pi v i d e d ty 1 1 w . 



(.) The lieutenant governor shall perfcia the duties dele- 
gated tc t by th governor, and these provided for hin ty law, 

no power specifically vested ir. the geverner by this Consti- 
tuticr nay be deleyat I tc the lieutenant geverrer ir this man- 



ner. 



(3) The secretary cf state shall maintain the official 
records cf tie acts cf the legislative assently, and cf the 
executive department, as provided ty law. He shall keep the great 
seal cf the state of Kcntana, and perform any ether duties pro- 
vided t y law. 

(U) The attorney general shall he the legal officer cf the 
state, with the duties and pewers provided ty law. 

(5) The auditor shall he the custodian cf all fiscal 
records of the state. He shall te the issuing officer fcr all 
state warrants, with other duties ard powers provided ty law. 

Section 5. COMPENSATION. (1) Officers cf the executive 
department shall receive salaries provided by law, which iray te 
increased but not decreased during the term cf office. 

(2) No elected officer cf the executive departnent Bay 
during his terir held any ether public office, cr receive compen- 
sation fcr his services frcm any gcvernmental agency. He Bay be a 
candidate for any public office during his term. 

Section 6. VACANCS IK OFFICE. (1) If the effice cf lieu- 
tenant governor becomes vacant by his succession to the effice cf 
governor, or by his death, resignation cr disatility as deter- 
mined by law, the governcr shall appoint a qualified perscn tc 
hold and serve in that effice fcr the remainder cf its term. 

(2) If the office of secretary cf state, attorney general, 
auditor, treasurer and superintendent cf public instruction 
becomes vacant by death, resignation cr disability as determined 
by law, the governor shall appoint a qualified perscn tc held and 
serve in that office until the next general election, and until 
his successor is elected and qualified. The perscn elected to 
fill such vacancy shall held the effice until the expiraticn cf 
the term fcr which the perscn he succeeds was elected. 

Section 7. 2C DEPARTMENTS. All executive and administrative 
offices, beards, bureaus, commissions , agencies and icstrumec- 



Fxecutive Committee 



459 



talit 
their 
of fie 
a 1 1 o r 

be a 
raer.t £ 
assig 
m a n n e 
adroi n 
Diissi 
w i t h i 



lt£ 

r Q s p 
e cf 
ney g 
llcca 
. Su 
r. e d 

E iS 

istra 

ens 3! 
r a [ 



cf th 
active 
gove 
2 ik r a 1 
red t 
bs^gue 
tc de 
will t 
tive 
a y b e 
r ir.cip 



e e 
fun 

rncr 
and 

y i 

ntly 

part 
end 
or ja 
esta 
al c 



X 9 c u 
ctic 

, 1 
sup 

1W 

/ a 
m e n t 
tc p 
niza 
tlis 
epar 



t lve 

ns, 

ieut 

e r i n 
a tr c r 

II 
s, 
re vi 

t icn 
bed 
tn> en 



pc 

en 

te 

g 

n e 

di 



t . 



department cf state gcvernnent and 
ners, and duti c s, except fcr the 
ant gcverr.cr, secretary of state, 
n d e n t of put lie irs+ructicr shall 
and hithin net mere than 20 d^part- 
w pew^rs cr functions shall be 
visions, s-cticrs, cr units in such 
an orderly arrangement in the 
cf state government. Temporary ecu- 
law and need net be allocated 



Section 3. AIECINTING f-Cfcir.. (1) The principal departments 
provided fcr in section 7 shall be under the supervision cf the 
governor, and, except as ctner wise provided herein cr by law, 
shall be heaaed by a single executive appointed by the gcverr.cr 
and subject to cenf irmaticn by the legislature. Such executives 
shall held office until the ^nd cf the tern cf the governor, 
unless sooner removed by the gcverncr. 

(2) The gcverncr shall appoint, subject tc confirmation by 
the legislature all crficers provided fcr by this Constitution cr 
by law and whose appointment cr election cr tern is net ctherwise 
provided tor. They shall held ctfice until the end of the term cf 
the gcverncr unless sooner removed by the gcverncr. 

( 3 ) If a vacancy in any such office occurs during a recess 
cf the legislature, the gcverncr shall appoint seine fit person to 
discharge the duties thereof until the next neeting of the legis- 
lature, whan the effico shall be filled by a ppcirtment and con- 
firmation. 



(4) He person net ccr. firned by the legislature fcr an 
office shall, except at its request, be nominated again fcr that 
office at the same sessicn, cr be appointed tc that office during 
a recess cf the legislature. 

Section 9. fcUEGET ANC MESSAGES. The gcverncr shall at the 
beginning cf each legislative sessicn, and may at ether tines, 
give the legislature information and recommend measures he con- 
siders necessary. The governor shall submit tc the legislature at 
a time fixed by law, a budget fcr the ensuing fiscal period 
setting forth in detail, fcr all operating funds, the proposed 
expenditures and estimated revenue cf the state. 

Section 10. VETO FOfciiR. (1) All bills passed by the legis- 
lature, except bills prepesing amendments tc the Hcntara Consti- 
tution, bills ratifying proposed amendments tc the Dnited States 
Constitution, resolutions, and initiative and referendum mea- 
sures, shall be submitted to the gcverncr whe shall sign cr veto 
every bill within five days after its delivery tc hiff if the 
legislature is in sessicn, cr within 25 days if the legislature 
is adjourned. The gcverncr shall return vetoed bills tc the 
legislature with a statement cf his objections. 



160 



rCMANA CONSTIIDTTCKAL CONVENTION 



( ) gcv rrcr may return any till tc the legislature 
with his • Lens Kith a reccirniendaticn fcr an amendment cr 
amendments - t. II th« legislature passes the till in accord- 
ance w ith th. gcv n.cL 1 : recommendation, it shall again return 
I tc tl low : i.cr fcr his reconsideration. The governor 
a till a t-tccrd time, fcr amendment. 



( ') Upon receipt cf a v<-tc message 



recc sage 



• the v teed till. 



■embers present cv r rides tte vetc, 
law . 



a r. d 



the legislature shall 
A two- thirds vcte cf the 
the till shall become 



(4) Lf the legislature is net in session when the geverrer 
vi tees a till, he stall return the till with his ctjectiens to 
the legislature in a iranner authorized by law. Ihe legislature, 
as provided in section 11, nay reconvene itself to reconsider any 
bills sc vetoed r y the govern cr. 

(5) governor nay vetc items in appropriation bills, and 
in such instances tte procedure shall te the sane as upcn vetc cf 
an entire till. 

Section 11. SPECIAL SESSION. Whenever the geverrer considers 
it ir. the public interest, he may convene the legislature, either 
house, or the two houses in joint session. At the written request 
of two-thirds of the members cf each house, the presiding offi- 
cers cf both houses shall convene the legislature in special 
s -ssicn . 

Section 12. PAEECNS. The governor shall have the pewer tc 
grant reprieves, ecu muta tier s and pardons after conviction, rein- 
state citizenship and may suspend and remit fines and forfeitures 
subject to procedures prescribed by law. 

Tns action by the governor shall te upcn the recemmendatien 
cf a heard cf pardons. The legislative assembly shall hy law pre- 
scribe fcr the appcintment and coirpcsiticn cf said board of par- 
dons, its powers and duties; and regulate the proceedings 
thereof . 

Section 15. KI1ITIA. (1) Ihe governor shall te commander- 
in-chief cf the militia forces cf the state, except when these 
forces are in the actual service cf the Dnited States, and shall 
have power to call out any part of the whole cf said forces tc 
aid in the execution of the laws, tc suppress insurrection or to 
repel invasion. 

(2) The nilitia fences shall consist of all atle-hedied 
citizens of the state except such persons as are exempted ty law. 

Secticn 14. SUCCESSION. (1) If the governor-elect is dis- 
qualified, or dies, the lieutenant gcverncr-elect upcn qualifying 
for the office shall teccme geverrer fcr the full term. If the 



Executive Cctrtrittee 



461 



governor-elect fails tc assume office tcr any ether reason, the 
lieutenant governor- 3 l 3 ct upcr qualifying as such shall serve as 
acting governor untiL the gcverncr-elec t gualifies for office, or 
the office becomes vacart. 



(2) The lieutenant geverrer shall serve 
when requested in writing by the governor tc 

/erncr during the absence free the state of the 



a 

dc 



actirg geverner 
so. Re shall 



serve as acting gov 
governor for any p 



period in excess of U5 day: 



(3) He shall also serv- as acting geverner when the gover- 
nor is disabled and by reascn of that disability is unable to 
communicate to the lieutenant geverner the fact of his irability 
tc perform the duties of his office. The lieutenant governor in 
such event shall continue tc serve as actirg governor until the 
governor resumes the duties of his effice. 

(4) Whenever the lieutenant geverner and attorney general 
transmit tc the presiding officer cf the legislature their writ- 
ten declaration that the geverner is unable to discharge the 
powers and duties cf his effice, the legislature shall convene. 

( c .) If the legislature, within 21 days after convening, 
determines by two-thirds vote cf its members present that the 
governor is unable tc discharge the powers and duties cf his 
office, the lieutenant governor shall enter upon and discharge 
the same as acting governor; thereafter, when the governor trans- 
aits to the presiding officer cf the legislature his written dec- 
laration that no inability exists, he shall resume the powers and 
duties cf his office within 15 days, unless the legislature 
determines otherwise by twe-thirds vcte cf its members. If the 
legislature so determines, the lieutenant governor shall continue 
to discharge the powers and duties cf the office as acting gover- 
nor. 

(6) If the office cf geverner beccies vacant by reascn of 
death, resignation, or disgualif icat icn, the lieutenant geverner 
shall become governor for the remainder cf the term. 



(7) Additional 
provided by law. 



succession tc such vacancies shall be as 



(8) 

successor 



when there is a vacancy in the office cf governor, the 

shall have the title, powers, duties and emoluments cf 

that effice and shall be the governor. When the successor serves 
as 



hat office ana shall be the governor. When the successor serves 
s acting governor for a temporary period, he shall have only the 
owers and duties of the effice for the period during which he 
erves as such . 



serves as such. 



/s^_Bett^_Li_Babcock 



ZSZ_Archie_0._Ki_lscE 



462 



KCKTAKA tChSTITUTICNAL CCO^NTICN 



CCKMEN1S C!. MINOBITY PRCfCSAL 



Lncrity Pi >po: tl is identical tc the Hajcrity Proposal 
exc' in i litcuts ir secticrs 1, I, 3, 4, 6 and 12 desiqned 

tc make th- executive branch cf gcver r.nient more responsible tc 
the cr ct th^ state fcy providing fcr the election ot the 
i l • * 1 c t 1 executive officers. 



ticn 1. CFFICEKS. (1) In 

.••.11 consist • yev-ner, 



executive department 
lieutenant governor, 

cer.eral, state treasurer, 
and state auditcr. 



: 'T. ay c t state, attorney c e r. e r a 1 
uint . " cl : ublic instruct ion 

( ) Face shall held Lis office fcr a term of four 
.■ irs, commencing en the first renday cf January next 
succeeding his election ard until a successor is 
a n c qualified. 



( : ) Each shell resiie at the seat cf government, 
where shall keep the public records cf his effice. 

(-) Each shall perform such duties as are prescribed 
in this Constitution, and ty lav.. 



C C M f» E N 1 £ 



The mincrity cf the executive committee favcr the election 
of major state executive- offices because government needs tc 
be responsive and responsible tc the people it represents. The 
people must retain their right to elect their cfficials. Ey elan— 
inaticn cf their present power tc choose the major state offices 
we do ret wart tc defranchise the pecple ct Per. tana of their 
sacred privilege- - their right to exercise the freedcn cf chcice 
In tl Lective process. The pecple deserve the right to choose 
who shall represent then: in government. 

Montana by Ccnstit ut icnal amendment ard legislative act is 
reorganizing its gcver mental processes under what is known as 
executive reorganization. This is placing all Montana's govern- 
mental administration and control directly under the governor and 
appointed de part men t heeds. This program is prcmcted ir. the naie 
of efriciency ard eccrctry. 



Government needs to be mere to its constituents than effi- 
cient and economical. It needs tc be respcrsive and responsible 
people it represents. Its responsibilities includes not 
only the matter cf protecting the public trust, it includes hav- 
ing the trust cf the putlic. 



Public trust does net come frcm just a matter cf confidence 
integrity of public efficers, but rather it comes frca 
that public affairs are placed in the putlic eye. This 



in 
knowing 



Executive Committee 



463 



can cr.ly cccur when the activities cf government are visible ar.d 
when ther^ are ways of checking cr. what cur public officials are 
d c i r. g . 



cia 1 

all 

ticn 

be 

give 

of fi 

shcu 

to t 

desi 

cern 

ticn 



I he 

cf f 
st a 

to 
incl 

the 
cers 
Id i 
he r 
res 
ed w 



state 
icers. 
te fund 
the liL 
u d e d i 

public 
and 
nclude 
e o p 1 e a 

cf sc 
i t h an 



treasu 

Cne r 
s. One 
ancial 
n cur 

the b 
tc a v 
a publ 
n d who 
ire ch 

appro 



r er 

ece 

ma 

at 

est 
oid 
ic 

is 
ief 
v in 



and auditor are the major state fi nat- 
ives all state wcrey, the other disburses 
jcr concern relates regarding recrgariza- 
fairs ct the state. This cencern should 
epeseci Ccnstituticn in such a way that we 

chance tc view critically its public 

the cpen invitation tc ccriupticn. This 

official, elected and responsible crly 

not subservient tc the varying political 

executive whe perhaps will be only ccn- 

g leck frcai the public at his a dm in is t ra- 




ft e ask then this convention include separate fiscal officers 
as elected olticers in this prepesed Ccnstituticn in the offices 

of state auditor and state treasurer. 



The state superintendent cf public instruction is the irajcr 
state educational officer and as such shculd be elected by the 
people. The selection of the superintendent shculd be protected 
from undue political influence by making her directly responsible 
tc the people. 



are with the majority committee propcsal comments en the 

general, we provide further gualifica- 



m e 
election of the attorney 
ticn in cur section 3. 



:r rcr 



Section 2. ELECTION. (1) The gov«j.n,L, 
governor, secretary cf state, attorney general, state 
treasurer, superintendent cf public instruction and 
state auditor shall be elected by the qualified elec- 
tors of the state at a general election held and 
finally deternined as provided bj law. 



(2) Each candidate for gevarner shall file jointly 
with a candidate for lieutenant governor in primary 
elections, cr otherwise comply with nomination proce- 
dures, so that the offices cf governor and lieutenant 
governor shall be voted upen together in primary and 
general elections, as provided by law. 



CCKPENTS 






JA CONSTI'IUTICNAL CONVENTION 



tier idd; th. state treasurer, superintendent cf 

public instructioi 1 ite auditor lecte officers prc- 

vidrM in the majority report 
co a Berts t z : ■ c * ic n 1. 



cur reasons are explained in the 



S 

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to 
off 



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less 
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s h a 1 
1- 1 
tier, 



EICATICNS. (1) No f e r s C n shall he 
ffice ct governor, lieutenant gover- 
e r a 1 or s u p e r i n t e r. a e r t cf public 
he has attained the age cf 3C years 
e 1 e c t i c r, , nci t c the efface cf 
, state auditor, cr state treasurer, 
r. e d the age cf 25 years. Tr addition 
n; ibcv« tr-icrirec, each cf the 
1 be a citizer cf the United .States, 
within the state twe years next pre- 



(2) 

i ■ r sen 



addition to the fcregcing Qualifications, any 



shall he 



In 

t te 

an attorn 



t ice 
the , 



law in the s t a t 



eligible tc the office cf attorney general 

-tanding admitted tc p r a c- 



ir 'jeed 
cf Mcntar.a, and 
c t i v e practice thereof for five y c a 



have engaged in 
rs refers elec- 



CCKfEMS 



cticn retains the qualifications in secticr 2 cf the 

sent executive article. The major del- tier, in secticr 3 recctt— 

mendi : : y the aajcrity was reccval cf the age rsquir eire nts for 

all candidates except the attorney general. Ihe minority cf the 

Executive Committee, believe 'we would te derelict in cur duty and 

«ell, if we require specific qualifications for 



inconsistent as 

the after r. ^y general and remove 

rest of the execu-'-iv- offices. 



all such qualifications for the 



realize it is unlikely that the electorate would elect an 
Gig- en y e a r eld tc these offices, but we feel strongly that ♦ h e 
Constitution must guarantee a certain maturity as a gualif icaticn 
for ottic> : holders. 



cf cu 
with m 
tiens 
office 
H o n t a n 
state- 
beat 
They 
state 
office 



e are 
r you 
ature 

tor 

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cf 
least 
also 
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r s t h 



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cf the increased intelligence ard atility 
but feel confident that the majority, those 
would want us tc reguire such qualifica- 
prctecticn, tc insure the dignity of the 
a goal for them tc strive fcr. In comparing 
tituticn kith six ethers we found the 
chigan and New Jersey require a governor to 
f age and Hawaii and Fuertc Rice 35 years. 
cnger residency reguire me cts. Virtually all 
quire higher age qualifications fcr state 
right tc vcte. 



Executive Ccinrittee 



465 



Section '4. DUTIES. (1) The executive power of the 
state is vested in the governor, whc shall see that the 
laws are faithfully executed. He shall have such ether 
duties as are herein provided, and as provided ty law. 

(2) Th^ lieutenant governor shall perform the duties 
delegated to him ty the governor, and these provided 
for him by law, but no power specifically vested in the 
governor ty this Ccnstituticr nay be delegated to the 
lieutenant governor in this irar,r.er. 

(;) The secretary of state shall maintain the offi- 
cial records of the acts of the legislative assembly, 
and of the executive department, as provided ty law. He 
snail keep the great seal cf the state of Montana, and 
perform any other duties provided by law. 

(") The attorney general shall te the legal officer 
of the state, with the duties and powers provided ty 
law. 

(5) The auditor shall te tte custcdiar cf all fiscal 
records of the state. He shall te the issuing officer 
cf all state warrants, with ether duties and powers 
provided ty law. 



CCEKENTS 



In addition to the language of section 4 proposed by the 
majority in subsection (5) we have provided for the duties cf the 
auditor so this office may be strengthened and cur citizens may 
be assured theri will always te a completely irdependent elected 
auditor, free cf political pressure and responsible tc the elec- 
torate to protect their fiscal affairs. 



T 
as th 
f uncti 
ticn 
recent 
One wa 
state 
ular ly 
their 
transg 
is ver 
tea- cf 
depart 
invite 



he creat 

e compl 

ons is a 

to corr 

ly exper 

s uncove 

auditor 

leng ti 

discove 

ressions 

y nee ess 

ccntrcl 

ment, i 

misuse. 



ion 

ete 

n c v 

upti 

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red 

me n 
ry. 
, fu 
ary 

, wh 
s n 



of a g 
repes 
er cen 
on. Pi c 
ed two 
by the 
cf f ice 
cr wer 

Cue 
11 res 
tc ret 
ich ve 
ot a 



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tral 

ntan 

sep 

tan 

. Ne 

e th 

tc t 

titu 

ain 

s t s 

goc 



natc 

y c 

izat 
a, e 
ar at 
k ex 
ithe 
e lc 
he r 
tier, 
in te 
tot 
d sy 



rial 

f a 
ion 
ver. 
e em 
amin 
r we 
sses 
elat 
was 
real 
al 
steto 



ly ap 
11 th 
cf pc 
under 
tezzl 
er * s 
re in 

part 
ively 

made 

cert 
ccntr 

cf c 



p c i c t 
a sta 
wer a 

its 
e a = rt 
cf f ic 

exis 
icula 

fast 

poss 
rcl. 
cl 
cntrc 



ed de 
te fi 
nc an 
prese 

tYE 

e, th 
tence 
rly 

disc 
itle. 

Otvi 
in c 
1 , in 



part 
seal 

ope 
nt s 
e s 
e ct 

for 
larg 
over 

The 
cusl 
ne 

f ac 



ment 
and 
p i 
yste 
itca 
her 
a p 

t, 

y cf 
ref c 
y an 
pers 
t it 



head 

audit 

rvita- 

m , has 

t iens. 

ty the 

artic- 

bef ore 

these 

re, it 

y sys- 

on cr 

wculd 



Section 6. VACANC* IN OFFICE. (1) If the office cf 
lieutenant governor beccires vacant ty his successicn tc 






KCNTAKA CCNSinOIICb'AL CONVENTION 



ci govfirncr, cr ty his death, resignation ct 
letermined ty law, the governor shall 
I rscntc held and serve in that 
• - tl l ■ ■; . : i d ei cf its term. 



( 



2) 

■ : i 
lie 

1 " 

i r i 



1. 

t i 
11 



true 
lit y 

■ 



ice cf secretary cf stats, attorney 

tor, treasure i and superintendent cf 

ti n t.tccc.s vdcart by death, resignation 

ter mined ty law, the ccv-.rr.cr shall 

.:. per sec to I eld ard serve in that 

next general election, and until his 

lected ir.d qualified. The person elected 

vacancy shall held the office until the 

fcr which the person he succeeds 



c c ^.^ e n i s 



w - j have 
elec *- "d officers 
majority report. 



inserted in subsection (2) the additional 
... ; deleted sutsecticn (1) that appears in the 



S 

; c w 

. n i 

- 
upc 
leg 

• 



i eti c 
t 
er co 
r iini 
s c r i t 
r th 
islat 
c , . t n 

p. ow^ 
r ci. 



l 12. FAF.DCNS. The ccverncr shall have the 
o jrant reprieves, oca ituta t i cr s and pardons 
nvicticr, reinstate citizenship and may suspend 
t fin^s and t^rfeitur-s suhject to procedures 
ed ty law. This action by the governor shall te 
e recommendation cf a beard cf pardons. Ihe 
ive assembly shall by law prescribe fcr the 
e n t and composition cr said tcarc of pardcrs, 
rs and du r ie:-; and regulate the proceedings 



COMMENTS 



aajerity ct the executive cemtrittee, 
except that tn 
tier. ally the heard cf parlors. 

;uch iirpcrtance thdt it shcula r.ct te 

a heard cf lay and professional 



is of 
prior 



agree with the aajerity cf the 

appropriate to establish Ccrstitu- 

The pardon newer cf the governor 

exercised without the 



advice and consultation cf 



persons responsible fcr the state ccrracticnal program. 



Executive Cciriritte 



467 



APFENEIX A 
CFCSS FEFEFENCES 



PRGPOSEE SECTION 
1 
2 
3 

4 

5 

< 
7 



10 

11 

12 

1 ) 

14 

Not replaced 
Not replaced 
Net replaced 



PRESENT ARTICLE 5 SECTICN 

VII , 1 

VII, 2 

VII, 3 

V I T c 1 c 17 

VII , 4 

VII, 7, 15, 16 

VII, 21 

VII, 7 

vit, io 

VII , 12, 13 

VII, 11 

VII, 9 

VII, 6; XIV, 1 

VII, 14, IE, 16 

VII, 8, 18, 19, 2C 

XIV, 2, 3, 4, 5 

II, 1 






:ANA CCNSTIIUIICN^L CCt^ViiNTICN 



APPENDIX B 



PROPOSALS CONSIDERED BY COMMITTEE 



The following delegate proposals were examined and considered 
by the executive committee during its deliberations: 



Number of 
Proposal 

25 



39 



77 



107 



110 



136 



Chief Sponsor 
Chet Blaylock 



Jerome Cate 



Richard Roeder 



Harold Arbanas 



Geoffrey Brazier 



Robert Kelleher 



Subject Matter 

Provides legis- 
lature with the 
opportunity to 
override post 
session guber- 
natorial vetoes 
by mail 

Provide for a 
wage commission 



Disposition 
Rejected 



Rejected 



Executive Article Adopted in 
providing for part 
only the governor 
and lieutenant 
governor 



Adopted in 
part 



Executive Article 
providing for 
joint election 
of the governor, 
lieutenant gover- 
nor and attorney 
general 



Eliminating number Rejected 
of times a person 
may succeed him- 
self in office 



Parliamentary 
form of govern- 
ment 



Rejected 



Executive Ccitirittee 469 



Number of 

Proposal Chief Sponsor Subject Matter Disposition 

7. 152 Mike McKeon Repeal Article Adopted in 

XIV of the part 

present con- 
stitution 

8. 170 Archie Wilson Executive Article Adopted in 

retaining con- part 

stitutional 

officers and 

boards 



,711 MONTANA CCNSinCIICNAL CONVENTION 

AFEENEI)! C 

^IlNEiSES_nt A£C_EY_CCPPI1IEE 

Nage_-_flff iliaticn_ z _Re£idence_-_Sutj€Ct 

1. Forrest H. Andersen - Gcvarci, State cf Montana - Helena - 

Executive Article in general. 

2. Bichari B. Feeder - Delegate - Bczeman - Proposal 77. 

3. William Crcwley - lav Frcfesscr - Misscula - Reorganization. 

4. George Eousliiran - Deputy Director, Executive Fecrganizaticn 

- Helena - Fecrganizaticn. 

5. Robert L. Woodahl - Attorney General, State cf Montana - 

Helena - Office or Attorney General. 

6. Frank Murray - Secretary cf State - Helena - Cffice of 

Secretary cf State. 

7. Gail Pi. DeWalt - Deputy, Secretary cf State - Helena - 

Office of Secretary cf State. 

8. Irnest steel - Chairman, Railrcad and Public Service Commis- 

sion - Helena - Office cf Railrcad and E-utlic Service Ccn- 

mission. 

9. William Jchnson - Director, Public Utilities Department of 

the Railrcad and Public Service Commission - Helena - 
Office of Railroad and Public Service Commission. 

10. Lcuis G. Eoedecker - Commissioner , Failrcad and Public Ser- 

vice Commission - Helena - Office cf Bailrcad and Public 
Service Commission. 

11. Alfred Langley - Commissioner, Railroad and Public Service 

Commission - Helena - Office cf Railrcad and Public Service 
Ccnmissicn. 

12. William O'Leary - Eirector, legal Department, Railrcad and 

Public Service Commission - Helena - Cffice cf Railrcad and 
Public Service Commission. 

13. Schwinden - Commissioner of lands Department - Eelena - 
Cffice of Lands Department. 

14. Maj. Gen. John Womack - Adjutant General, State of Montana - 

Helena - Military Articles in general. 

15. Col. Harry Ihode - Staff Administrative Assistant, tontana 



Executive Committer 



471 



National Guard - f e 1 e r. a - military Articles in general. 

1c. John Ccwdall - Stat? Examiner - Helena - Cffice of State 
Examine i. 

17. Krs. Diane Schladweil^i - Ken tan a League of Women Voters 

Eczemas - League's position c r. the Executive Article. 

18. E. V. "Sonny" Omholt - State Auditor - Helena - Office of 

State Auditor. 

19. aI^x Stephenson - State Treasurer - Helena - Cffice cf State 

Treasurer. 

20. Lean "Jeed - Deputy Legislative Auditor - Helena - Legis- 

lative Audits. 

21. Wcrley Cooper - Chairman, Stat- Ecard cf Equali2aticn - 

Helena - Functions and duties cf State Ecard. 

22. Jchr Alley - Member, State Beard cf Equalization - Helena - 

Functions and duties cf State Ecard, 

23. ray *ayrynen - ft e m t e r , Stat- Ecard cf Egualizaticn - Helena 

- functions and duties cf State Ecard. 

24. Keith Cclbc - Lirectcr, Department cf Pevenue - Helena - 

functions and duties cf his cffice. 

25. Ed Nelson - Fxecutive Secretary, University System - Helena 

- Views en Beard cf E ducat icr. 

2c. Harriet Me ley - Member, Board cf Educaticr - Helena - Viehs 
en Board of Education. 

27. Tim Babccck - Fcrmer Governor, State cf Montana - Felena - 

Executive Article in general. 

28. Tcm Judge - lieutenant Governor, State cf For. tana - Helena — 

Duties and recommendations pertaining tc the cffice cf 
Lieutenant Gcverncr. 

29. Boyl- Saxby - Lirectcr, Department cf Administration - 

Helena - functions and duties relating tc department cf 
administration. 

30.- Den Dooley - Legislative Council cffice - Helena - Duties 
pertaining to legislative council. 

31. John Feterscn - Chairman, Ecard cf Pardons - Futte - fieccm- 
mendations concerning Ecard cf Paid ens. 



32. Dclcres Cclburg - Superintendent cf L-ctlic Instruction - 
Helena - recommendations pertaining tc her cffice. 



472 



ANA CONSTITUTIONAL CONVENTION 



13, Jack Sur.derson - Education Comirittee, House cf Bepresenta- 

<-iv- s - Fcw--r, Montana - His views and r eccmirendat ic r ccr- 
c i ; . • ' c a * i c n . 

34. "- 1 r . . ret mary Eoscliert - Housewife - Eastern Montana - Fer 

views en educaticn. 

35. i '■) 'orb in - Montana Federaticr cf Teachers - Butte - Fed- 

erat i in ci ! achers' stand on educaticn. 

36. - Montana School beards Association - Helena - 
Association's position regarding educaticr. 

37. Geoffrey I. Brazier - Delegate - Helena - Proposal 11C. 

38. ;cy G . Crosby, Jr. - Citizens for Ccrstituticnal Government 

- Missoula - ^iti2ens positicr cr the executive article. 

39. C en aid A. Garrity - lawyer - Helena - lestifyirg en carlia- 

m e n t a r y form ct geverrirert. 

4C. iorurt L. Kelleher - Delegate - Fillings - Proposal 136. 

11. Robert hatt - Montana Student Presidents Association - 
Kissoula - Position taken ty Association. 

42. Miles Kcicney - Delegate - Hamilton - Proposal 19. 

*»3. Members cf the board of Feger.ts - Their views concerning 
e ducat ion . 



44. 

45. 

46. 
47. 
48. 
49. 



51. 
52. 



. . C. Cooper - Montana Education Association - Helena - 
Position taken by MEA concerning educaticr. 

Sidn< y T. S ir i tit - Commissioner cf the Department of Labor 
and industry - Helena - Duties and recemmenda tions concern- 
ing department cf later and industry. 

Harold f.rbanas - Delegate - Great Falls - Proposal 1C7. 

etty Babccck - Delegate - Helena - Proposal 170. 

Archie o. wilscn - Delegate - Hysham - Proposal 17C. 

Jean Anderson - President, Montana League cf Women Voters - 
Fillings - League's position en the executive article. 

Jarcl Mitchell - Montana Common Cause - Helena - Position 
*aken ty Montana Common Cause cr executive article. 

Chet Blaylcck - Delegate - Laurel - Proposal 25. 

Ted James - Former Lieutenant Governor - Great Falls - 



Ex^cutiV; Ccirnii 4- f 



47.3 



"-coiiiBt i.dat icr.s pertaining tc office cf lieutorant gcver- 
nci . 



53. Lev K . Vor, K u s t € r - Ercfesscr, University ci for. tar. a 

Kissoula - Seasons fcr ap{.cir. ted stdtp superintendent c: 
p u 1 1 i c msti'jcticr.. 



17! 



•TANA CCKS*I TTU1ICNAL CONVENTION 



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CLNTANA CCNSTI1U1ICNAL CONVENTION 



Judiciary CcnnittfiT 



479 



MONTANA CONSTITUTIONAL CONVENTION 
1971-1972 

JUDICIARY CCPFITIEF IFOPCSAL 



Date Fepcrted: February 17, 1972 



Ca.vid_Li_Kcll.and x Chairirar 



Ca_b£_ine_F_____tcn_ Vice Chairnar 



180 



fflNA CONST1TT ITCNAL CONVENTION 



' M : N G C C K K 1 1 1 E E F I E C F I 



F_etruat2_J2.i 197 2 



It . ' : 

Judiciary respectfully re [cr*- as fcl- 

I . : 

Judiciary C c w w i 1 1 < Majcrity E-rcpcsal is ready to be 

du pi i • s u t a i 1 1 < : zc t h c Ccirttittec c f the h h c 1-? f c r ccn- 

Judiciary Ccir.mittee Kircrity Frcpcsal is ieid) to he- 
i Uf lie at ■ ind submit t 5 . tc the Ccirtpittee cf the Whcle fcr ccn- 

• • i c r, . 



Cavid_I i _Hollaiid 
Chairirari 



Judiciary Committee 



481 



T !\ B L E CF C C N 1 E K 1 £? 



Pa.ge 



LETTEF CT TRANSMII1AL 

TEXT OF fAJOHTY PfiCPCSAI 

COMMENTS ON !"AJOr<ITY PRC PC S A L . . . . 
Section 1 . Judicial Kw;i 



Eocticr 
S ec t i c r 



Sectior, i 
Section 5 

tic 

S ■- c t i o r. f 

Jus 

S c Ct i ^ !. 7 

S e c t i o r. S 
S - c t i o r. 

Section 1-1 

S-cticii 1 1 

Sectioi 12 

^-cticn I 1 

S sc t i c i: 1 ''-. 
S -: c t i c r 16 

t L G 

s^ctioi n 

Sectior. 1 : 



484 
486 
493 

4h;-; 



S u p r --• ci •.-; Court - Appellate Juris diction 493 

Supreme Ccurt - Appellate Jurisdiction - fcrits 

. 493 

E u p l e E r Ccurt - T <r i it £ 494 

Supreire Ccurt - Ccc p csi t icn - Lisqua 1 i i ica- 

s 494 

" 1 : c t i c n and T-rn c r Cffic<= cf Supreme Ccurt 
1 c 495 

Clerk c i" Supreme Ccurt 495 

Justices cf iD r :-i9 Ccurt - Qualifications. 495 

Ci strict Ccu::. c - Jurisdiction..... 496 

Judicial Districts 497 

V, ' r i 1 3 c t Error and S p p e a 1 498 

i s t r ic t Judges - Q u a 1 i f i c a t i c n s 498 

L"istrict Courts - c u s j .-. ^ s s r 3 y s - Terms.... 499 

Clerks cf district Courts 499 

County Attcrreys 499 

Justices of the Peace - Election - Qualifica- 
s - Compensation - Jurisdicticr 500 



peals trcrr Justice CcuLts. 501 



Police .ir.d f un ic i p 1 1 Ccurt, 



;.i 1 1 






lANfl C0KST1TCIICNAL CCKVEN1ICN 



• i 1 S . 



cti . • . 



F e ai c v a 1 and Disciplice c t Judges .501 

j : • . of Keccrd 503 

I irinc tc Ccurts - U r. if cm 503 

. . • v 1 - ct frccfSH 503 

ci. . I . fo:;!i of Ac t io i ;il)4 

J u iiciil Ccropsr.saticn 504 

i fc i t i c n c f Outbid- I'-ccj? 504 

t i w i racticc Prohibited 504 

7 . Sup: . Court r i i r i c r s 505 

nee cf Judicial Officers. 505 

Vacancies; ficn-EDCCissicn cf Appointee 506 

diyitility f c r r u fc 1 i c Office 506 

ou!j- [re I eir pc r ? 507 

. : ; i t u r s of Judicial Office 507 

••.•.. Uhi r Y FKCFCSAL CI. CA^EAIC-N IXESKSES .508 

C N '■./'• J O F I 1 Y PRCECSAI CI C ? f P 2 I G N E 1 X E N S £ S 509 

I F I T Y PFC PO F A L 510 

COHMEN ' . RCECSAI 514 

514 

515 

cizaticr 516 

District Ccuit tov»-rs 516 

Judicial Districts 518 

md Fay cf Judges.,... 519 

t ic n ct Judges 519 

Qualifications arc! limitations cf J udgot ... 521 
Cisqualificaticr c r J u d c ? s 523 



• . ■ 

Section 2 1. 
Section 3?. 



- 1 c n 

• 
tier. 

* icr. 
S-;c1 
': < • 

■ 

t i c r 



icial Ecwr 

S u p r e m =• Ccuit Fc\»cr: 



Judiciary Ccmnsitte* 483 

Ssctioi 1". Eerocval and ^ifciplir.e ci Judges and Lawyers.. 

523 

Section 11. Clerk c: the Suprene Ccurt 524 

Sec t i o r 12. C 1 = r k of the L i c t r i c t Ccurt 524 

Section 13, District Attcrreys 525 

UNANIHCUS FFCPCSAL CN SIEA^A!! KAT1EF 526 

COMMENTS CN UN AK I KG OS EPCECSAI CN SEEARAII KATIE F 527 

AEEENDIX 

Cress reference of present 5r.o crepes^d Article......... 528 

Delegate proposals considered by ccnitittee 531 

Witnesses heard by ccir-irittee 533 

hell Calls . 537 






MONTANA CCNSTITOTIO ftl CCt^VHS'IICN 



: F e t r u a r y 16, 19 7 2 
Tc: «c ITHTICNAL CChVEMICN 

Ftci: Jn i y Committee 



Lada i ; cut] 

n Judiciary hereby sub nits its recommenda- 
tion.;: contain. t i ;cr + + c the Gen tana Constitutional Ccn- 

. 
Tb- i'cci: ition£ deal «itr. the structure and organ izaticn 
of the supi ccurt, district courts and justice ct peace 
ccui • . 

majority r e f c r t , i u c n g ether things, contains election 
judges, tenure 3f judges ar.d Qualifications of judges. The 
: rt further certains recommendations fcr the elections of 
clerks ct ccurt i n d ccurt y attorneys. 

minority of the coraa-itte^ has filed a minority report 
which certains recommendations fcr selection cf judges en a basis 
different from the majority report, ihe irirciity report is in 
It a complete judicial article and is entirely distinguish- 
able from the majority report. Although the reports deal with 
similar subjects, they are ertirely separate. 

emmendations contained in this report are cf great con- 
cern to the people. Resolutions ty the Ccnvecticc will have pro- 
found effects upon the adiri nis t ra t icn cf justice and the nature 
and philosophy cr cur government, fee regret that complete 
concensus wis net possible, he do report that all members cf the 
committee worked diligently and the majority and minority reports 
a concensus cf the opinions cf all persens signing theai. 



Judiciary C c u ir i t 1 -" - 



485 



While the ii?iti:?rs ci the ccmiitt-:- had philosophical differences, 
particularly ncut selection of judges, the -attire cciriEittee, 
wcrkir.'j en a difficult subject, wholeheartedly devoted their tine 
a r. d e r. e r q y t c their respective report. 

The committee expresses their t harks tc its Sesearcb Ana- 
lyst, Sandra Euickelston, and tc its Secretary, Ellen McCarthy, 
and to its administrative Interns, C c d g ^ Leaty and Katherine 
Sullivan. 



Bespectrully sutipitted, 

Iivii_l i _jicll and 

Chairaan 



Cat he r ine_Peff_fcf_r tcr_ 
Vice Chairaar. 



186 



K f. 1 A N A CONSTITU'IICML COVENTICtf 



MAJCSIT* FRCFCSAL 



BE II FECFOSID L : Y 1HE JUDICIARY CCtKITTEE: 

it any proposed new Constitution contain Article VIII of 
th< ■• ;'ution amended tc r ■= a d as f c 1 1 c w s : 



APTICIE 
TFE JUEICIAFY 



action 1. JUDICIAL ECWEE. The judicial power is vested in 
a ss, coiut, district courts, justice of the peace courts, 
such ether courts as the legislative asseirtly nay 



establish. 



Section 2. SUEBEME CGUFI - AFFEILATE J U PI SEIC1 IC K . The 
supreme court, except as otherwise provided in this Const itut icn , 
.11 hava appellate jurisdiction only, which shall be ccexten- 
s i v s with the state. 



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Section a. SUFKEKE ecu FT - TEBFS. At least three tents cf 

supreme ccurt, and such ether terns as may te necessary to 

keep the docket current, shall te held each year at the seat of 

government . 



Section b. SUPREME CCUFI - CCPECSITION - EISQUALIEICATIC NS. 

The | l- me court shall consist of five justices a majority cf 

whom shall be necessary tc form a quorum cr prcnounce a decision, 

but one cr more cf said justices may adjourn the court frca day 

day, cr to a day certain. The legislative assembly shall have 



Ju.iicidLy Committee 



is? 



the [.nwer to increase the nuater cf justices tc sever. 



i r. an 
court, 
on c n e 
part ic 
justic 
with t 
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have t 
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court. 



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ust ices cf the sucreme court shall ts 
to sit in a cause brought before such 
e ct justices shall have power tc call 
ic* judges cf this state as ir the 
s s a r y tc ccr. s t i t u t Q the full number cf 
c court shall ther he ccupcsed, tc sit 
said caus-. In all cases where a dis- 
it ar.d dees sit as hy this section 
d opinion cf such district judge shall 
ect in any cause heard before the 
c i p a t e d in by a justice of the supreme 



Section fa. ELECTION AND TSPP Ct CFEICE CF SUEFEKE CCUFT 
JUSTICES. The justices c: the supreme ccurt shall te elected hy 
the electors of the state at large, arl the tert cr the office cf 
the justices of the supreme court, except as ir this Constitution 
otherwise provided, shall te six years. 



Section 7. CLERK CF SOFFEfiE CCLRT. There shall te a clerk 
of the supreme court, who shall held his office tcr the term cf 
six years. fie shall Le sleeted by the electors at large of the 
state, and his compensation shall be fixed by law, and his duties 
prescribed by law ar;o by the rules cf the sucreme courts. 



Section 8. JUSTICES Of SUthEFE CCUFT - QU ALIFIC ATICNS. A 
United States citizen who has been a resident cf Ccr.tara for twe 
years shall he eligible tcr the office cf justice of the supreme 
court if admitted to practice law in Montana arl experienced with 
the law in Montana tor at least five years innediately pricr tc 
filing fcr cr being appcir. ted tc the position cf justice. 



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fci the recovery cf, the possession cf, 

r fcr t h e entcrcemen 4 -. cf liens u p c t real 
ir me need in the ccur, ty in which the real 
thereof, affected ty such a c t i c n cr 
Said courts and + h c judges thereof shall 
, hear ar.d determine writs cf oardamus, 
, prohibition, ir.jurcticn and other orig- 
s , e n d also all writs cf h a t e a s corpus en 
r cf, any person held ir actual custody 
tricts. Injunctions, writs of prohibition 
e issued and served en legal holidays and 



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CIS. 

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law. 



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c ivided 
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ter cf 
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during 

udge of 
judge, 



Section 11. KBITS Cf EFRCR ANC APPEAL. Writs cf error and 
appeal shall be allowed frcm the decisicrs cf district courts to 
the supreme court under such regulations as nay te prescrited by 
law. 

Section 12. DISTRICT JUDGES - QU ALIE IC AT ICKS . Kc perscn 
shall be eligible tc the office cf judge cf the district ccurt 
unless engaged in the active practice cf law in the state cf Mon- 
tana for at least five years prior tc filing fcr cr teing 
appointed to the office of district judge, and in addition shall 
be a citizen cf the United States and admitted tc practice law in 

supreme ccurt cf the state cf Montana. He cr she need not te 
a resident of the district fcr which elected at the tine cf elec- 
tion, but after election he or she shall reside in the district 
fcr which elected during the tertn cf office. 

Section 13. DISTHICI COUBTS - BUSINESS DAYS - TEFtS. The 
district ccurt in each ccunty which is a judicial district by 
itself shall be always open fcr the transaction cf business, 
except on legal holidays and non-judicial days. In each district 
where twe cr mere counties are united, until otherwise provided 
by law, the judges cf such district shall fix the terms of court 
as may te necessary to keep the decket current. 



Section 14. CLERKS Cf DISTFICT CCCE1S. There shall te a 
clerk cf the district ccurt in each ccunty, who shall be elected 



Ju 



o i c i a r y Ccffnittee 



IH[) 



by the electors cf this county. The clerk shall te elected at the 
sane time and for the same term as the distnc r judge. The du+ies 
and compensation ct the saia clerk shall be provided ty law 
except that the clerk ir. matters relating to j.iocedu:e and the 
orderly conduct or the cc\iz r rocn and court hearings shall be 
supervised by the cistrict judge. 



Section 15. COUNT* iTTCENEYS. Ihere shall ho elected 
general election in : ach county cf the state ere cccr. ty at 
who prior to takii, g c f f i c e shall have been admitted to p 
law before the supreme court cf the state of fentana and 
cf legal age r. the time cf taking office, arc whose t 
office shall be four years and until a successor is elec 
qualified. He or she shall have a salary tc be fixed oy la 
half cf which shall to paid by the state, and the other h 
the county Lor which 
may te required ry law. 



at the 
f c r r, e y , 
ractice 
trust te 
er ir cf 
ted a n d 
w , o n e - 
alt by 



elected, and shall perform such duties as 



TICNS 
each 
t i c n s 
shall 
v i d e d 
perf c 
such 
may b 
in a 
court 
the 
trict 



Se 
cc 



h 

i m 
o 

— 

•■y 



ctxen 

- COK 
ui.ty j 
t r a i n i 
eld ct 
f ac ili 
ed in 
r i g i n a 
prescr 
c r i rv 
The 1 
ace in 
curt 1 



16. 

PEN 
t 1 
ng, 
fie 
tie 
dig 
1 

ibe 
ina 
egi 
e a 
eve 



J 

SAT 

eas 

an 

e 1 

nif 

jur 

d b 

1 

sla 

ch 

1 a 



U S 1 
I C 'A 
t o 
d m 
c r 
for 
ie J 

lSd 
1 1 

c as 
tur 
ecu 



ICES CF THE EEACE - ELECTION - guailEICA- 

- JUFISEICT1CN. There shall he elected in 

n e justice cf the peace with gualifica- 

onthly compensation as provided ty law, who 

the terrr cf four years. There shall te prc- 

such justices sc that their duties may te 

surroundings. Justice courts shall have 

icticn withir. their respective counties as 

aw. They shall net have trial jurisdiction 

e designated a felcny, except as examining 

e oi ay p r c v i d c tcr additional justices cf 

nty or ether types cf ccurts ttlow the dis- 

s deemed necessary. 



Section 17. AEEEALS E&Ctf JUSTICE CCTJFTS. Justice ccurts 
shall always te cpen tor transacticr cf business, except en 1-gal 
holidays and ncn-juoicial days. Appeal shall te allowed from jus- 
tice courts, in all cases, to the district ccurts, in such ttanner 
under such regulations as may be prescribed ty law. 

Section 16. POLICE AND KUNICIFAI CCUETS. The legislative 
assembly shall have pewer tc provide fcr creating such police ard 
municipal courts and magistrates fcr cities and tewns as may be 
deemed necessary from time tc time, who shall have jurisdiction 
in all cases arising under the ordinances cf such cities and 
tewns, respectiv-ly; such pel ice magistrates nay also be consti- 
tuted ex-officic justices cf the peace cr magistrates for their 
respective counties. 

Section 19. bEKCVAL ANE EISCIELINE CE JUDGES. A Judicial 
Standards Commission is hereby created tc consist cf five per- 
sons, three of whom shall be judges. The three judges shall te 
selected by the justices and judges cf the supreme court and dis- 
trict courts. Not mere than one of the said three judges may te a 
member of the suprene ccurt. The- regaining twe persons shall te 
citizens of the state cf Hen tar a, selected anc appcir. ted by the 



190 



f AN A CCftSIIUniCNAL CONVENTION 



jcv - 
o [ 

• 

■ 
thit 

shal 

ccrir 
in t 

s a it e 
for 

ccirm 



: 
- 

c 

I 

- 
1 b 

a 1 i d 



c 

i v 

h i 1 

• IV 
: * 
c n • ' 

i cr 
select 

: i r.' 1 

cr 



< : 
: 
• 

1 L e 

1 1 s 

e or 
cncu 



r v c c 

ippC 

: v- 
cme£ 
by t 

j i i n * 

f th- 
ee t o 



t V»C 

urt 

c t 

in te 

ur y 
f cr 

vica 

i aF 

t« L 

ir. L 
ne o 



persons 
c r lice 

cf 
the sta 
: for t 
c r i } i n 

a t e r it 
r t tc: 
r i q i r a 1 
p c i e t ffi < 
it v a c a t 
■ ir a j 
f its m 



s ha 
nsed 
the 
te c 
" r its 
al 

cf f 
: : - 5 
*FF 
nt w 
ed. 
crit 

'IT t r 



1 1 C 

tc 

CXfC 

l( 
cf 
gufce 
tive 

i v e 

rea 
cint 

as n 
No a 
y c f 
rs t 



e a 
pract 
u*ive 
n t ana 
cr€, 
rna to 
iy. T 
years 
sen , 
i E g a 
ade a 
ct cf 
its 
c ser 



just 
ice 

f J 
. T 
thre 
rial 
here 
. If 

the 
utho 
nd s 

the 

ire 

ve a 



ice, 

law 
udic 
he c 
e ar 
app 
afte 

a P 

su 

r it y 

hall 

com 
irte r 
s ch 



judge 
in this 
ial cr 
r i g i e a 1 
d five 
ci r tees 
r each 
csiticn 
ccesscr 
in the 
serve 
nissicn 
s. The 
a i r it a e . 



mag 

miscc r, 
his c 

ici 
dut . 
The cc 
a h 

or r t 
sicn 
courts 

:>rt 
cons id 
master 
tc - 
justic 



n ac 

duct 

uti'. 
lity 

v. I 
Dtris 
ing 
i r em 
nay 
of 

th 
erin 

sup 

- . i 



ccr da 
I 

ir. c 
s Jr 

seri 
ich 
sicr. 
• 
e n t c 

appc 
recor 
ei i 
I * ; 
if t 

udge 



ny c 
ftic 

ha 
o u s 1 
is, 
may, 
hei 
i a 
int 
d tc 
find 

! 

cour 
cr m 



with 
curt 
- or 
t i t u 
y in 
or 1 
aft 
d be 
just 
thr 
hea 
inqs 
cord 
emmi 
t th 
aqis 



this 

it a y t 
willf 

al in 
ter f er 
ike ly 
er inv 
fere i 
ice, j 
ee ma 
r and 
tc th 
and 
s s i o r. 
e disc 
trate . 



sect 
e disc 
ul an c 
teir per 
inn w 
tc bee 
e s t i q a 
t cene 
u 1 g e c 
s t e r s 
take e 
e c c in ff 

the 
finds 
i p 1 i r. e 



ion , a 
ip li red 

p trsis 
a n c e , c 
i t h t h 
cue , cf 
t icn l * 
erring 
r Iraqis 

w r c a r 
videcce 
issicn. 
f i r. d i r g 
geed ca 
, r emc v 



ry 

c r 
t e r. t 

r he 
s F 

a F 

des 
the 
trat 
c ju 

ir 

Aft 
s a 
use, 
al c 



justice 
removed 
f ailur 
rtay be 
er f cr tea 
e rmanen 
us r e c e 
discipl 
e, cr 
st ices 
the trat 
er hear 
nd rep 
it sha 
r retir 



r 1 

for 
e tc 

ret 
nee 
t ch 
ssar 
ine, 
the 
cr j 
ter 
iEg 
ort 
11 r 
enen 



udge 
nil 

per 
ired 

cf 
erac 

y# c 

rem 

con 
udge 

and 
cr a 

cf 
ecom 
t cf 



or 
lful 
for it 

for 

his 
ter. 
rder 
oval 
Hiis- 
s cf 
to 
fter 

the 
id end 

the 



supreme ccurt shall review the reccrd cf the proceedings 
on th law and facts and nay permit the intrcducticn cf addi- 
ticnal evidence, and it shall crder the discipline, removal or 
retirement as it finds just and proper cr whclly reject the 
recommendation. Dpcr an crder fcr his retirement, any justice, 
judge cr magistrate participating in a statutory retirenert pro- 
gram shall be retired with the same rights as if he had retired 
pursuant to the retirement program. L'pcn an crder fcr removal, 
justice, judge cr magistrate shall therety he removed frcm 
office, and his salary shall cease ireir the date of the order. 

The Judicial Standards Ccmmissicr. shall lake rules imple- 
menting this section and providing fcr confidentiality cf pro- 
ceed inqs. 



Section 20. CCDRTE CF KECCBE. 
courts shall be ccurts cf reccrd. 



The supreme and district 



DELATING TC CCL'FTS - ONIECFC All laws 
shall te general and cf unifcrm operation 
the organization, jurisdiction, pewers, 
P roc and practice of all ccurts of the same class or 



Section 21. LA«s 
relating to the ccurts 
throughout the state; 



Judiciary Ccamittee 



491 



graae, sc far as regulated by lav, shall te unite lit. 

Section 22. STYLE Cf EECCESS. The style cf process shall te 
"The- State cf Montana" ei.e all prosecuticrs shall te ccrcict?d ty 
the r a ir ff and the authority c f the sa it c . 

Section 72. ECFi 1 C! ACTION, There snail te tut ere fcrc cf 
civil action, and law ar. d equity nay te adirir. istered ir. the same 
a c t i c n . 



Section 2a. JUCICIAI CCKEtNSATTCN. The 



US tlC6: 



c r 



the 



sap re s. e court a tid the judges cf th.€ district court shall tc paid 
monthly ty th- state, a salary, wr.ich shall net be diminished 
during the terms which they shall have teen respectively elected. 
Ihe salaries cf justices ci the reace shall te paid monthly by 
the counties or the state as Cray he prescribed ty law. All sal- 
aries p.iid to justices and to judges shall be in an amount suffi- 
cient tc attract capable and experienced lawyers tc the judicial 
service. 



ustice cf 
naqistrate 



Section 25. FhGHIBITlCN Cf COTSIEE IbCCtlE. Nc 
the supreme court nor judge cf the district ccurt n< 
or justice cr peace paid a monthly salary shall accept or receive 
any compensation, fee, perquisite cr -iroluier.t tcr cr en account 
of nis ofrice, ir ar. y tcrit whatever, except salary and actual 
necessary travel expense as prcvidec ty law. 



Section 26. LAw PRACTICE EBCHIEITEE. Nc justice cr clerk cf 
the supreme court, rcr judge cr clerK cf ary district ccurt shall 
act cr practice as an attorney cr counsellor at law in any ccurt 
of this state during his continuance in office. Magistrates or 
justices cf the peace shall net practice law ir justice cf the 
peace cr magistrate ccui+s. 



Section 27. SUFH2SE CCOET OPINIONS. All opinions of the 
supreme ccurt shall be ir. writing and subscribe! thereto ty the 
concurring justices and the dissenting justices and such cpiricr.s 
and decisiors shall he published ir efficial reports of the 
supreme ccurt. The legislative assembly tray prcvide fcr the 
publication cf decisions and opinions cf the supreme ccurt. 



JinciAL ceeicees. All officers 
except justices cf the supreme 
, shall respectively 
reside during their term of office ir 
ship, precinct, city cr town in which they 
appointed. 



Section 28. PESICENCE CF 
provided fcr in this Article, 
court, who shall reside within 



the state. 

n the district, county, tewn- 
may te elected cr 



Section 29. VACANCIES; 
cies in the office cf justic 
tne district ccurt, 



NCN-SUCCESSICN CE AEPCIKTEE. Vacan- 

cf the supreme ccurt, cr judge of 

ether appellate ccurt, cr clerk cf the 

cf 

k 

be 



tne district ccurt, cr ether appellate ccurt, cr clerk cf th' 
supreme ccurt, shall be filled by a p pci rt cent , ty the governor c 
the state, ar.d vacancies in the offices cf ccunty attorney, cler 
of the district ccurt, and ether judicial effices, shall t 



I 111' 



, A CCKEIIICIICNBL CONVENTION 



filled :; . **r nt, by the beard cf ccunty ccisir.issicners cf 

uc.i vacancy occurs. A person appointed tc fill 

any incy .hall held his office urtil the next general 

1 :ticr. irl until hi ucc?ssor is elected and qualified. A 

el cteu ■ fill a vacancy shall held effice urtil the 

e xpi ration ' fc: which th« j. erscn h<= succeeds was 

eleel 



Nc judicial 
provi tion 

cia] E f ic ■ . 

1- ■■■ • 



officer hereafter appointed by the geverrer as 
eligible tc be a candidate tcr judi- 
c n e year arter his successor has been 



: ■ ricd of 



INELIGIPILITY fCF FUELIC CFEICE. Nc justice cf 

the . me court cl district judge shall held any other public 

ffi -, except that he nay be a member et the Judicial Standards 

Con: Lon, while he remaics in the effic- to which he has been 

elected cr appointed. 

Section 31. JUDGE PRC TEfKfE. Civil actions in the dis- 
trict ccurt tray d- tried Ly a judge pre teirpcre, whe nust be a 

[ cf the bar of *-he state, agreed upcr. in writing by the 
parties litigant, cr their attorneys cf reccrd, approved by the 
cour - , and swern t c try the causes; and in such cases any order, 
judgment or decree, trade cr rendered therein by such judge pro 
tempore, shall have the sane rcrce and effect as if made cr 
rerJ : I by the ccur*- with the regular judge presiding. 

Section 32. FCRFEIlURi: OE JUEICIAI CFFICZ. Any judicial 

officer who shall absent hiirself from the state for were than 

sixty consecutive days shall be deeired tc have forfeited his 
office . 



£ayid_L._Hclland 
Chairman 



Cedor E. Aror.cw 



Leslie "Joe" Fskildsen 



Red Hansen 



Jchn W. Schiltz 



Judiciary Ccniritte^ 



493 



COMMENTS CN MAJCFT7Y PPCFCSALS 



Section 

vested in 
the peace 
lativ 9 



1. JUDICIAL FCKEfi. The judicial fewer is 

a supreme court, district ccurts, justice cf 

ccurts, and such ether ccurts as ^he leqis- 



ccur t , district 
and such c 
a s £ q a t: 1 y may establish. 

CGI' PENIS 



(1) The proposed revision eliminates the vesting cf judi- 
cial pew-r in the senate sitting as a court of iirpeachroen t . 
seciicn 16, Article V of the 1889 Constitution adequately ccvers 
this field. It is contemplated that any naw legislative article 
will retain the impeachment prevision. 



(2) Vesting cf judicial power in justices cf 
courts, rather than in "justices cf the peace" as 
Constitution, was dene tcr parallel terminology. 



the peace 
in the 1869 



(3) The 1689 Constitution prcvideci fcr vesting judicial 
power in "such ether inferior ccurts as the legislative assembly 
may establish". This revision vests the power in "such other 
courts" in anticipation cf a need in the future for intermediate 
appellate courts. Ihis language peruits that tc be done. 

Section 2. SUPREME CCURT - AEFELIA1E J URI SEICTICN. 
The supreme court, except as otherwise provided in this 
Constitution, shall have appellate jurisdiction only, 
which shall be coextensive with the state. 

CCMKINTS 



1 
visory 
stitut 
r e g u 1 a 
the le 
in 190 
invent 
States 
used 
serve 



(2) 

the 



t 
18 



he r 
co 
ion, 
ticn 
gisl 
2 as 

a 
. In 
when 
as w 
c a 
6S C 



e visi 
ntrol 

the 
s and 
at ure 
s u e e d 

writ 
e use 

cthe 
ell. 
void 
enst i 



en dele 

over i 

power w 

lim ita 

has n e 

t he po 

cf s 

cf the 

r speci 

Th^> pro 

an unse 

tuticn. 



tes 
rf er 
as g 
ticn 
ver 
wer 
upfr 
wri 
f ica 
visi 
<^mly 



the 
icr 
iven 
s as 
prov 
tc a 
vise 
t ha 
lly 
en w 
avo 



supreme court's power cf super- 
courts. As writter in the 1889 Con- 
tc the supreme court under such 
may be prescribed by law. Although 
ided regulations, the supreae court 
ct supervisory - going sc far as tc 
ry ccntrcl, unique in the United 
s grewn tc the pcint where it is 
authcri2ed writs, cr appeals, would 
as deleted as (1) unnecessary and 
icance of the express previsiens cf 



Section 3. SUPREME CCUP1 - APFELLATE JCBISEICTICS - 
KBITS. The appellate jurisdiction cf the supreme court 
shall extend tc all cases at law and ir equity, sub- 
ject, however, to such limitations and regulations as 
may be prescribed by law. Said ccurt shall have power 
in its discretion tc issue and tc hear and determine 
writs of habeas corpus, mandamus, quo-warranto, certio- 
rari, prohibition and injunction, and such other crig- 






'ANA CCNSTIIUIICNAL CON V ENT ION 



tc t 

: ■ tu 



i 
: 

su 

c : 

j 



c c 

t 

1 

t : 

I 
ch 






i - 

i c 
- 

1 s 

c 



1 

j 

1 1 



: i 
ce 



i! .- i i 
t 
u t i 

1 cu 
ccur 

, cr 

i . 

L W 



i 1 writs 
i . cise 
of t 

k!l*S C 

■ * : 1 1 c ;. 
e t c ) y , a 
f c 
t hi 
iy t be 
jufli , 
t h e 
1 1 .. 
. cr c 
c i t i i 



h< 

f 

tj 

nd 

L 

a: 
t 

:: 1 

C r 

he 



S IT 

it 

I] 

h il 

or 

T 

o a 

ust 

de 

ten 

D - 



a y t 
s ap 
prem 
eas 

o n 
y in a 

SUp 

^, c 

n i : 

ic-s 
term 
ft i 
y be 



e r see 
pellat 
e ecu 
ccr pus 
behalf 
k € sue 
re me c 
r a n y 
c t s r m i 
when 

cf th 
i n e w r 
n 'he 

a uthc 



SSd 

e J 
rt 

tc 

cf 

fc t 

cur 
j u -3 
r; e a 
the 

a £ 

its 
d is 

E i 2 



r y c 

ur is 
sha 
a r. y 
a ny 

r its 

t 

J- 
ty 

Y ?> 

upre 

cf 
trie 
ed fc 



diet 
11 

par 
te 

ret 
r te 
ther 
-he 
re 
me c 

ce r 
t cc 
y la 



cper 
i cr . 
have 
t cf 
r scr. 
ur r— 
f ere 
ecf ; 
jus- 
mace 
cert 
tic- 
uit, 
w to 



CCPKENTS 

tier, is identical with the 1869 Ccr.stituticn except 
w j have eliiinat d the trovisicn fcr a jury in the supreme court 
as it n e v i ; is tier is likely i r. the future tc te used. 

vision defines the jurisdiction cf the supreme ccurt 
;■ L v, t rpr-t-d ever the years sc there is r. c v nc ur.cer- 
tainl : to meaning, 

cticn 4. SUPBERE CCUE1 - TEFMS. fit least three 
' :; ci the ^upreut ccurt, and such ether terns as iray 
I i iry tc keep the docket current, shall fce held 
each . ir at the seat cf geve intent. 

COMMENTS 

:tion U was formerly Article VIII, section a cf tre 1889 

Constitution. Tc the language cf the 168? Constitution was added 

phra: "tc keep the decket current". Ey adding this pnrase, 

the supreme court is allowed tc set as many terras as necessary tc 

[ its dockets curr-n t. 



Section 5. SUPREME CCURT - COKPCSITTCN - CISCUALIPI- 
CATIONS. The supreme ccurt shall ccrsist cf five jus- 
a majority cf whom shall te necessary tc fcrir a 
quoru.Ti cr prcr.cur.ee a decision, tut cne cr mere cf said 
justices may adjourn the ccurt frcm day tc day, cr tc a 
■•/ certain. The legislative assetrfcly shall have the 
power tc increase the number cf justices tc seven. 



In 
;1 ill be 



justice cr justices cf the supreme ccurt 

in any way disqualified tc sit in a cause 

before such ccurt, the remaining justice cr 

♦ices shall have pcw=r tc call en cne cr mere cf the 

district judges of this state as in the particular case 

cessary tc constitute the full number cf jus- 

which the said ccurt shall then be composed, 



tices or 



Judiciary Ccnnittee 



495 



tc sit kith them in the hearing cf said cdus-. In all 
cases where a district judge is invited tc sit and dees 
sit as fcy this section provided, the decision and crir- 
icn c f such district j u d g " shall have * h e same fore- 
and effect in any cause heard t e f c r e the ccurt as if 
regularly participated in ty a justice cf the supreme 
ccur*. 

CCf ME NTS 

The legislature is giver, the fewer tc increase the number cf 
justices en + he supreme ccurt from the present five tc seven if 
the need arises. If the work lead cf the supreme ccurt should 
increase, then the legislature may increase the nuirter cf jus- 
tices ty two without amending the Ccr. stituticr. . 

Section 6. E1EC1ICS AN£ TERJ! CI CFEICE CE SUEFEPE 
CCCFT JLS1ICES. The justices of the supreie ccurt shall 
he elected by the electors cf the state at large, ar.d 
the term of the office cf the justices of the supreire 
ccurt, except as in this Constitution otherwise pro- 
vided, shall te six years. 



C C f f. E N I S 

Section 6 is a combination cf Article 
of the 1869 Constitution. 



VIII, sections 6 and 7 



Section 7. CIEFK CF SCEFE«E CCCP.T. There shall te a 



clerk cf the supreme ccurt, whe shall 
for the term cf six years, fie shall 
electors at large cf the state, and 
shall te fixed ty law, and his duties 
and by the rules cf the suprene ccurt 



held his office 
be elected by the 
his compensation 
prescribed ty law 



CCPFENTS 

This section is the adoption cf Article VIII, section 9 cf 
the 1669 Constitution, deleting frcm the former section 9 the 
archaic language. 

Section 3. JUSTICES CF 5UEFEME CCOET - QUALIEICA- 
TICNS. A United States citizen who has beer a resident 
cf Montana for twe years shall te eligible for the 
office of justice cf the supreire ccurt if admitted to 
practice law in Kontana and experienced with the law in 
Montana for ax least five years immediately prior tc 
filing fcr or being appointed to the position cf jus- 
tice. 

C0PKEN1S 



Article VIII, section 1C cf the 1889 Constitution requires 
that for a person tc be eligible fcr office cf the supreme court 






1 ''.A CCNSTIlUIICtvf. I CCiWENTICN 



(1) L 1 1 . tc practice law in the s u p r e n e ccuit cf 
. ; ( 2 ) b < it ; ■ is + thirty y •-- a r s c r age ; ( 3 ) he a c i t i 2 e r. of 

s i d e n t cf fcrtar.a at least the 
years • I e c t i c r. . 

Li . thosi i •:.i:q the majority report is that the 

ex | i Jicr- per tar. t than age; thus, the age reqtiretnert 

tic] ::, ecticr. 10 cf the present Constitution has h.een 

Ircpj 1 mJ th. individual's experience with law ir Pcr.tana has 

. 



I i reus; L c r iidt had ty members cf these signing the 

majority report that live years practice before the courts cf 

[••.or* ild . ■ u i r e d . It was decide! that this vctlc he 

strictive these w c r k i r g with the law in a legal 

. it] ! t h go v e r n r n t , as a law teacher, or ir ary w 3 y 

using their i .1 experience by wcrkicg en legal matters. It was 

deci t 1 • . Long as there was five y c a r s cf experience in 

t i e 1 1 ci liw this was sufficient requireiint. The intention 

«a: ' • ■ the law experience entirely related + o legal wcrk. 



tri< 

live 
erty 

'-ell 
I . ■ 
an 3 
exce 
case 

cil.l 
insc 
• i 
tor 
i c t i 

rali 

: 
■ 
.. n 

ccur 
scri 
Ihei 

n t 

- I i 

ther 

ated 

pewe 

d a tr. u 

tier, 



c * i c j 

t cou 

1 1 1 

lve t 

'- t 

cr 

, d a ,i) a 

costs 

th 

S SBC 

■ r n 

it i 

1 vency 

1 1 a - 1 

in nul 

ens an 

zat i 
e the 
v 1 S t a 
such 
t s in 

L 

r crcc 
ided t 
ion o 
of li 
c c u r t y 
eof , 
. Said 
r ais 
s, que 
and 



! K 

!.... 
mun 

/ c 

■ 

unt 

ct 

y a 



I I 



v 
-■ 

cas 
the 

Y 

ess 

hat 
f, 

1 c 
iff 

CO 

c 

W 1 

ct 



I [ 

s .. 

- nd 

titl 

1 "ija 
icip 

cla 
r th 

hur 
in j 
c t h • 
nd u 
cf a 
s of 
t o 
r o c e 
a id 
nd t 
are 
. Th 

ir r 

law 

sha 

all 

q u i e 

upo 

w hi 

ecte 

ur ts 

tc i 

r r a n 

her 



TBICT 
all 
in eg 
s cr 
lity 
al fi 
i m or 
a val 
dred 

tc 
r wise 
n 1 a w f 
c^icr 

prot 
t n a 
e din g 

ccur 
o iss 
au t ho 
ey sh 
arisi 
espec 
and c 
11 ex 

acti 
tin g 
n rea 
ch th 
d by 

and 
ssue , 
to , c 

crig 



c c y f i 

nave c 
uity, 
rig ht 
c t any 
n , a r 
d e ira n 

lit. c f 

dclla 
f e 1 c n y 

pr c vi 

ul det 
step 

ate ; c 

r r i a c e 

s as a 
ts sh 
ue pap 
r ized 
all ha 
rg i r 
ti ve d 
c n s i s t 
f e n d t 
ens f c 
the ti 
1 prep 
e rea 

such 
the j 

hear 
e r t i c r 
inal a 



ir. 

t 
] 

d, 
th 

t £ 

i 
it 

a i 
re 
£ 



al 

er 

s c 
v e 

ju 
is 

p r 

o 

tl 

( r 
i 

ac 
ud 

a i 
ar 

r. d 



- JO 
cina 
c iud 
pes 
ax, 
in a 
ex 
e pr 

'and 

d tc 

r.er ; 

v-rt 

act i 

and 

net 

1 ha 

s th 

tc 

ap 

stic 

trie 

t wi 

all 

the 

e tc 

ty, 

pro 
ticn 
ges 
d de 

i, 

rem 



FISI 

I ju 
ing 
sess 

i irp 

II c 
cl us 
cper 
nd 

in 
r ; c 
cf 

c r 
ens 

f cr 
ct 
ve t 
eref 
dc h 
pell 
es a 
ts 

th t 
part 
recc 
, or 
shal 
p^rt 

or 

the 
tern: 
prch 
edia 



I cue 
risd i 
all 
i en c 

r> c *- 

V, w l , 

a s e s 
i ve 
ty ir 
ir i 
all c 
f act 
pre 
abate 
cf 
all 
horvi 
he pc 
or, i 
y the 
ate 
nd ct 
as it 
his C 
s cf 
very 
for 
1 le 

y- c 

actio 
reef 
ice w 
ititi 
1 wri 



N. The dis- 
cticn ir all 
cases which 
f real prcp- 

assessment, 
in which the 
ct interest 

ccn t r c v c r s y 
11 criminal 
ases of rris- 
iens of fcr- 
cee dings in 

a nuisance ; 
d ivorce a r d 
such special 
se pre vided 
w-^r cf natu- 
n all cases 

laws cf the 
jurisdicticn 
her infericr 
ay be pre- 
enstituticn. 

the state, 
cf, the pes- 
the enferce- 
ccminenced in 
r any part 
ns, is situ- 

shall have 
rits cf man- 
cn, in ju re- 
ts, and also 



Judiciary Ccimittee 



497 



all writs cf habeas ccr{.us cii petition by, cr cr. te 
cf, any person held in actual cu£tcdy in their res 
five districts. Tr, junctions, writs cf prohibition 
habeas corpus, may be issued and served cr legal h 
days and r. cr- judicial cays. 



CCKFENTS 



Section 9 is a re-enactment cf Article VIII, section 11 cf 
the 18 89 Ccnstituticn, changing crly the it i n i m u n air curt fcr 
jurisdiction f r c n> 3 5C.CC tc $ 3 C C . C C and adding language ot 
"exclusive cf interest and costs". Scire cc rside ratic n was given 
by the committee tc adopting simplified language to define juris- 
diction cf the district ccurt by usir. g the t D r[r "justiciable mat- 
ters". Upon due consider aticn the committee decided that the term 
was not precise enough tc fit the situaticn. 

In all of the delegate proposals, citizens' suggestions and 
testimony heard by the committee cencernirg a rew judicial arti- 
cle, no person icade any complaint about jurisdiction cf the dis- 
trict courts as set forth above even though the secticn is ret 
brief and concise. Jn view cf the fact that it has existed in the 
Ccnstituticn fcr 83 y-ars without causing difficulty ard seems tc 
have teen fully defined by the courts, the najcrity decided to 
keep the language intact. 



Sec 

di via 

shall 

judge 

term 

assem 

in an 

at 1 

and m 

distr 

terri 

in th 

a re 

which 

the 

trict 



o 
bl 

Y 

ea 
ay 
ic 

to 

DO 

h 

di 

1 



en 

in 
be 
of 
f 

y dp 
jud 
st 

di 
ts; 

ry 

nun 
val 
e h 
str 

udg 



10. 

tc ju 
elec 
the d 
of fie 
ay ir 
icial 
cne j 
vide 

prov 
and b 
b 31 c 
cf a 
as be 
ict 
e , an 



JUEI 
d i c i 
ted 
istr 
e s 
crea 
dis 
udge 
the 
ided 
e be 
r bo 
ny j 
en e 
cour 
d sh 



CTA I D 
a 1 dis 

by th 
ict cc 
hall b 
se cr 
trict ; 

in an 
state , 
, that 
u n d e d 
u n d a r i 
udge f 
lected 
t itay 
all dc 



ISTFIC1 

tr icts, 

e elect 

urt as 

e f cur 

deer eas 

prcvid 

y distr 

cr any 

each 

by ccur 

es cf t 

rcn eft 

cr app 

ho Id c 

so whe 



S, 1 

in 
crs 
crcv 
year 
e th 
ed, 
ict 

par 
be 

ty 1 
he d 
ice 
cint 
curt 
r rs 



he s 

each 

ther 

ided 

s . 

e nu 

that 

esta 

t th 

term 

i nes 

istr 

duri 

ed. 

fcr 
guir 



tate 

cf 
ecf 

ty 

The 
tiber 
the 
blis 
er^c 
ed 

, bu 
icts 
ng t 
Any 
any 
ed t 



sha 
which 
cne c 

law 
legis 

cf 
re sh 
hed t 
f , in 
of c 
t no 

shal 

he te 

jud 

othe 
y law 



11 be 
there 
r mere 
whose 
lati ve 
judges 
all te 

y la*; 

tc new 
cirpact 
change 
1 wcrk 
r tr. for 
ge cf 
r dis- 



CCPPENTS 



Section 10 combines three sections frcrt the 1889 Constitu- 
tion, tc-wit: Article VIII, sections 12, 13 and 14. The trajcrity 
finds no necessity tc change the existing judicial districts by 
amending the Constitution. Under the 1889 Ccnstituticn, Article 
VIII, section 14, the legislative assembly was granted the power 
to change the boundaries of districts and increase or decrease 
the number of judges. This pewer will again be giver tc the 
legislature. 






- ' iTANA CCNSTITUTTCKAI CCNVENTICN 



Section 11. fcKHS CF EBBCE ANE 

LI I i 1 1 c v e d frctr 

; c u r t s tc the s u p r e ai s ecu it 

may I . scr i 1" ec t y 1 i u 



aif'AL SMits cf e r r c r 

the decisions cf d i s- 

urier such regula— 



C C i v , v F N 1 S 

11 L: ntical tc Article VIII, section 15 cf the 
i tituticn. All ts signing the trajcrity report felt 
nc c * ■ .ry. 



■ 



d i s 1 1 

•. rirr 

i • 
■ 
s u p r c 

s hall 



i c 

ict 
. 

tc 
ict 
li . 

I 

: D 



i; 

hall 
c c u 

■ 

f il 

te i 

ecu: 
a re 

ci 
es i i 

ci 



C 

t -' 
: * ; 
st 
in ; 

Std 

t cf 
side 

: 1 • 
e i 
c r i i 



ISTE 
clig 
n 1 e s 

. - 

for 

• 

t h e 
nt c 
tier, 
n th 
ce . 



it 1 

c i 

•^ A- 

' 

and 

st 

f t 



JUDGES - QUALIFICATIONS. KC 
e t c the office cf judge cf the 
ngaged in the active practice cf 

"cntara fcr at least five years 
teinc appcirted tc the c f f i c - cf 
additicr shall te a citizen cf 

adiritted tc practice law in the 
at s cr f c r t a r. a . H 2 or she need 
he district fcr which elected at 
ut after election he cr she 
istrict fcr which elected durirg 



C C i K f. £ K I S 



12 charges Article VIII, section 16 cf 
stituticr. . The 18 PJ Const it uticn provides that ir. 
perscn tc b-; eligible fcr office 
shall be (') at least twenty-five; 
States; (3) admitted to practice 



the 1889 Ccr- 

order for a 

of judge cf district court, he 

(2) citizen cf the Grited 

law in the supreme court cf Mon- 



tana; (*-.) residing in the state of fontana at least one year. 



that 

shcu 
■ 
prac 
ir. 
fili 

requ 

ence 

age 

judg 

sient 

that 

was 

the 

ent 

judg 



r d 
seme cf 
i . be c 
s to (1) 
t i c e 1 i w 
ic five p 
ng fcr or 
juirern 
irement o 

wcul 
requ ii 

li. th 

s fcr sup 

iik. tea 

iuif ici 

ni ture of 

type of 

who mu 



u > 
the 
hanq 
a ci 
in t 
iact 
I ei 
=nt 

r *9 
ve t 
nt . 

is s 
reme 
c h e r 
ent 
the 
e x 
st t 



consider 
fore gcin 
ed. The 
t i z e n c f 
he supre 
ice of 
ng appci 
of e x p e r 
e, the c 
h e nee e s 
The exp- 
ert i o n i 

ccurt j 
s anc at 
require rc 

ccurt. i 
perienc- 
urctict. 



re 

n = 

i 

rt 

ie 

c I 
: ; a 

e r 
s 

u i 
he 

en 

a 

a t 



icn t 
r c g u i 
>j p o n 
he 

ccur 
aw i 
ed tc 
nee w 
ir it te 
ry qu 
i e n c e 
irater 
ges i 
rs wc 
t fcr 
appe 1 
nc ta 

the 



h t- a a 
re ne r 
the m 
nited 
t cf 
r. y c n 

the 
as de 
e fee 
a 1 i f i 
req 
ially 
r sec 
rking 

a su 
late 
ckcro 
trial 



jcri 

t £ 

a jcr 
St 
M cut 
tana 
cf fi 
terns 
ling 
ca t i 
uire 

dif 
tier 

a it 
prent 
rath 
und 

lev 



ty cf 
ker-n 
ity c 
a t e s ; 
ant; 

fcr 
ce c 
insd 

that 
ens r 
rrent 
fere n 

8. 1 
h the 
e ecu 
er th 
is re 
el. 



the 

val 
hang 
(2 
(3) 
five 
f i 
acre 

fiv 
a t h e 

fcr 
t fr 
he 

law 
rt 

an t 
quir 



CCff it it 
id tut 
e d the 
) adiri 
trust be 

years 
istrict 

valid 
e years 
r t h a r. 

the 
en the 
committ 

fcr fi 
judge, 
rial. A 
ed fcr 



tee 

ot 

requ 

tted 

erg 

trie 

than 
exp 

a si 

dist 

requ 

ee 

ve y 
bee 
dif 

dist 



felt 
hers 
ire- 
to 
aged 
r to 
dge. 
the 
er i— 
mple 
r ict 
ire- 
felt 
ears 
ause 
fer- 
rict 



The trial judge, in the cpinicn cf the cctumittee, needs 
trial experience which can only te gained i r. active practice cf 



Judiciary Committee 



499 



la*, and thus the requirement 
active practice cf lavi. 



ecticr 12 is five years 



in 



the 



section 13. DISTRICT CCCFTS - EUSINESS CAYS - TEPPS. 
The district ccurt ir each ccurty which is a judicial 
district by itself shall te always ccer. fcr the trar.s- 
actioa or business, except on legal holidays and 
non-judicial days. In each district where two cr acre 
counties are united, until ether wise provided ty law, 
the judges cf such district shall fix the terms cf 
court as nay te necessary tc keep the cccxet currer.t. 



1889 C 

17 is 

least 

guage 

The a 

ccurt 

case 

number 

terms 



ection 
enstit 
dele 
f cur t 
is add 
a jcrit 
should 
load 

of te 
cf cou 



13 is 
uticn 
ted tr 
-rais a 
ed: "a 
y cf 

be ad 
cf th 
r ids cf 
rt suf 



CCMKltfTS 

identical with Article VIII, section 17 cf the 
except that the following language cf secticn 
cir section 13: "provided that there shall te at 

year held in each county"; the folic wing lan- 
s may te necessary tc keep the docket current". 

the committee felt that the number of terms cf 



justed in 



acccrdar. ce with the volume cf t h i 



e ccurt; so, rather than arbitrarily setting 
court a year, this secticr. directs a nuater cf 
f icier, t tc keep the decket current. 



Secticn 14. CLERKS CF DISTFIC1 CCUFTS. There shall 
be a clerk cf the district ccurt in each county, whe 
shall be elected by the electors cf this county. The 
clerk shall te elected at the saire tiae and fcr the 
same term as the district judge. The duties ard compen- 
sation of the said clerk shall te provided ty law 
except that the clerk in matters relating tc procedure 
and the orderly conduct of the court rcca and ccurt 
hearings shall be supervised ty the district judge. 

CCKPENTS 



1889 

"exc 

orde 

supe 

was 

cour 

judg 

hear 

trie 

was 

full 

hear 



Sec 
Co 
ect 
Ely 

rvis 
fel 
t an 
es 
ings 

t i 

adde 

ch 

ings 



ticn 
usti 

that 
con 
ed b 
t t 
d th 
to 

. Th 
udge 
d to 
arge 



14 
tuti 

the 
due t 
y th 
hat 
e di 
regu 
e co 
ha 

sec 
of 



is 1 

en 

cle 

cf 

e d l 

ther 

stri 

ire 

mmit 

ve f 

ticn 

th 



dent 
exce 
rk i 

th 
stri 
e mi 
ct 

crd 
tee 
ull 

14 
e cr 



ical w 
pt the 
n matt 
e ecu 
ct jud 
ght be 
judge 
erly 
felt t 
centre 
to cla 
der ly 



ith 

fcl 
ers 
rt r 
ge". 
scm 
o ve 
cend 
hat 
1 cf 
rif y 
cend 



Article 
lewing 
relatin 
ecu and 

Eased 
e ccnfl 
r the 
uct cf 
it was 
these 
that t 
uct of 



VIII 
langu 
g tc 

ccur 
upen 
ict t 

auth 
the c 
m anda 
matte 
he d 
the c 



, sect 
age ha 
p roced 
t hear 

the 
e t ween 
crity 
curt r 
tory t 
rs so 
istric 
curt r 



ICE 

s te 
ure 
ings 
hear 

the 

cf 
ocm 
hat 
this 

t J 
com 



18 c 

er a 
and 
sha 

ings 
cle 
cis 

and 

the 
Ian 

ucge 

and 



f the 

dded : 

the 

11 te 

, it 

rk cf 

trict 

ccurt 

dis- 

guage 

has 

court 



Secticn 15. COUNTY ATTCBKEYS. There shall te elected 
at the general election in each county cf the state one 
county attorney, who pricr tc taking office shall have 






\NA CCbSlIlOIICKAL CONVENTION 



tl : to practice law tefcre the supreme ccat 

• • Rental i ind must be cf l^gal age at the 

I office, and whcse terir ct office shall 

irr ur.til a soccessci is sleeted and 

ualj i ct she shall fcavt a rainy tc be fixed by 

which shall be paid ty the state, ard 
ha] ty the ccurty for which elected, ard 



1 iw , 






11 



: crir 



such duties as nay be reguired ty law. 



ccpf.i \;: 

15 Ls ir.1 1 a? a substitute fcr Article VIII, 

S ecti th i ■■-■' < istitution. The ccly difference between 

the tw tions is that the age requirement cf section 19 has 

] ,1 ■ ,, tl majority c£ the cenntts? feeling that this age 

reguii i ' ur necessary. 

:icn lb. JUSTICES Of THE PEACE - ELECTION - C.UM- 

IFICATICuS - CCKtENSATICN - JU E ISCICTIC K . There shall 

elected in each ccurty it least en justice of the 

witn qualifications, training, ard mcrthly ccm- 

. ic.i ,5 provided by law, whe snail held office fcr 

term cr four years. There shell he provided facili- 

3i such justices sc that their duties may be per- 

fcrired in dignifisd surroundings, Justice courts shall 

hav< such original jurisdiction within th^ir respective 

counties as iray be prescribed by law. They shall net 

have trial jurisdiction in any criminal case designated 

felony, except as examining courts. The legislature 

may provide lor additional justices of the peace in 

i : :ounty cr ether types cf courts below the district 

ccurt level as is deemed necessary. 



CCMEENTS 

Section: 16 mu 1 7 c f the trajcrity repcrt are given in full 
replacement oi Article VIII, sections 2C, 21, 22 and 23. 

Section 16 requires that there be cne justice of the peace 
in each county rather than two justices cf peace in each tewn- 
ship. Under the present section 2" and interpretation cf it, 
there must be two townships in <=ach county and two justices cf 
the peace to each township. Thus, a ccurty, nc matter he* large 
or small, must have a minimum cf fcur justices cf the peace under 
Article VIII, section 2C cr the 188S Ccns+ itut icn . 



Inst id i f a minimum cf four jus tic 
ccurty, the majority prcpcsal presides fcr a 
each county. The majority committee believes that in 
ties oi justice of the peace will be sufficient, 
circuirstaiices demand, the legislature nay prcvid= fcr 

teace. The qualifications, training 
is of the peace are left to the 



cf the peace tc each 

nirimum cf cne fcr 

seme ccun— 



just ice 

con pen sat ion ct justic 



However, if 

additional 

and mcrthly 

legislature 



as is the jurisdiction cr justice courts. The committee believes 



Judiciary Committee 



51 1 1 



that this 

latur- tc c 



prcvisi.cn is sufficiently e- 1 a s t i c 
r* Jt small claims courts. 



tc allow the leg is— 



no e i. - 
ticn 
enf c 
of t 
beca 
have 
the 

tClfc 

shcu 
a cur 
this 



The tr 
i c n e d 

c ... 
re em en 
he pea 

U; £ t 

a bet 

peace 

r a t e u 

Id ha 

ty. in 

aim. 



a] 



u n 

v 



or lty 

re co 

r. j ju 

cf f ic 

cour 

law 

r c h i 

Shop 

d e r t 

axe 

c o m tn i 



en 

::c 

[ i 
he 

lu 

r t 



t wit 
i s t e r. 

ICO o 

s hav 

to t 

tCUCc 

c cf 
r.g i 

1 a w 
:- I V - 

= e la 



f z 

he 

D c 
OC 

CI 

a i 
a v 



z h '. 
tee n 
. xr 
nt c 
r. vie 

a 
d th 
uris 
es i 



a 

tr 
pe a 

£i 

lus 

rti 
t ic 
fcr 
us 
j ic 
*■ t 



I I 
ac 

C : 

li 

ic 

Cc 

n 

,r 

— a 
t i 



earing refers t h 3 ccmrt-; 
t i c e d under the 1889 Ccnstitu- 
courts. This evil is that la* 
n g caa = s in c c e c f the justice 
r. c f t h € ether in the ccurty 
r s evidently t e 1 i e v e that they 
under one cat ur justice c f 
to secure ccrvicticr car.net he 
ch justice cf the peace ccurt 
cr within a territory within a 
the legislature tc accomplish 



Section 17. APPEALS F fi C K J U S 1 1 C F C C U B T S . Justice 
courts shall always he open fcr trarsacticn cf busi- 
ness, except en legal holidays and ucn— judicial days. 
Appeal shall he allow- d ircir justice courts, in all 
cases, tc the district courts, ir such manner under 
such regulations cj may he prescribed ty law. 

CCH2EN1S 



-cticn 17 cove: 



! . I 



saii; e area as Article VIII, secticr. s 2 2 



and 2'i of 
respect . 



the 1 8 c 9 Constitution ar.c is merely identical ir. this 



Section 18. POLICE ANE MUNICIPAL CCL'FIS. The legis- 
lative assembly shall have pewer tc provide fcr creat- 
ing such police and municipal ccurts and magistrates 
fcr cities and towns as may he deemed necessary frcm 
time tc tin-, who shall have jurisdiction in all cases 
arising under the ordinances cf sue p. cities and tcwrs, 
respectively; such police magistrates may also te con- 
stituted ex-cnicio justices cf the peace cr iragis- 
trates for their respective ccunti-s. 

CCKtfEMS 



This is identical with Article VIII, section 24 cf the 1889 
Constitution inasmuch as it permits the legislature tc allcw cit- 
ies an d towns to have police judges. Perhaps this is not needed 
if seme ether mod-.*rn form cf municipal gcv~rnuent is established 
by ttis Convention tut we dc not knew at this time if that is 
gcirg tc be dene. 

Section IS. RFMCVAL ANC EISCIEIINE CE JLEGES. A 
Judicial Standards Comirissicn is hereby created to con- 
sist cf five persons, three cf when shall bo judges. 
The three judges shall he selected ty the justices ard 
judges cf the supreme ccurt and district courts. Not 
mere than one of the said three judges may te a memter 



502 



MONTANA CCkSIlTUTICNAI CONVENTION 



• h 

. 
: : 

;C 

r 



c 

a 

or 

!. • 
I li 
t O 

jcr 
e o 



- V 

■* 

b-> 
Oi 
r 
t 



jus 

+ c I 

. t 
GTiti 
U '■ 1 1 

■= y 

. Dinl 

v 1 y . 
e r m c f 

es v 
cted by 

a r. n - i 
ttv 

C o ir 
y cf 
its r, ■ II 



ecu 

ct 

I 

1 
hill 

The 
I iv: 
aca n 

the 

> £ 

I til 
ii iss 
its 
i e e s 



E * . 
t 1 ■ 

V : 
. ju 
ice 

ex-? 
I 

1 

pfcCt 

all 

yea 
t fc 

ori 
the 
e re 
icn 

mem 

to 



ncr 

1 a w 

cut 

i v 

ser 

ter 

rs. 

r a 

gin 

cr i 

oai 

is 

ter 

ser 



re n a 

ite 

. Nei 

or it 

ir t 

iv« , 

te c 

cin te 

1 y a r. 

ve f 

each 

Ii a 

r, y re 

al ap 

gin a 1 

Ii d< E 

valid 
s. Th 
ve as 



i i. i 
c I 
- I 

a g i 
his 
ju i 
f 

d f 
d t 

cc 

Fc 
asc 
poi 

af 
cf 

u r 
e c 

ch 



r g twe 

fentae 
r cf sa 
stra te 

st^te, 
icial 
8 cntara 
cr r ?n 
he c r i g 

twe a 
remiss ic 
sit icn 
n, the 
n t i r g a 
p ci r tie 
the ter 
less cc 
en rr issi 
a i r ir a e . 



per 
a, s 

id t 

cf a 

ncr 

c r 
i 

• X 

S C f 

inal 
r.d 
ne r 
in t 
succ 
uthc 
nt w 

01 V 

peer 
cr s 



sees 
elec 
wc 

ry c 

sha 

legi 

he c 

cue 

gut 

f cur 

shal 

he 

esso 
r ity 
as m 
acat 
red 
hall 



sha 
ted a 
perse 
curt 
11 th 
slati 
rigir 
, thi 
ernat 
yea 
1 se r 
Ccit oi 
r sha 

in t 
ade a 
ed. 
in by 

sele 



1 1 
nd 
rs 
cr 

ey 

v-: 
3l 

ee 
c- 

l £ 

ve 

25 — 
11 

he 
nd 

NC 

a 

c + 



I 
a r 
rem 

int 
cus 
w b i 
ter 
nee 
cer 
tic 

ifP 
cou 

Aft 

* it. 
i in 
cru 

tic 



i ic 
mag 
eve 1 
sist 
empe 

iy 

ch i 

essa 
n i n g 

e» 

cint 
rts 

6 C 

ding 
ds 
[ t * 



cord 
istr 
for 
ent 
r anc 
inte 
s, o 
I 

ry, 

the 
judg 

thr 

of 

to 
haar 
s an 
qocd 

udge 



a n c e w i 

ate c f 

willtu 

fa ilure 

e , c r h 

r f e r i n g 

r lik^l 

commiss 

crder a 

d i s c i p 

e cr 

ee mast 

record 

r^pcrt 

i n g c r 

d repor 

ecu? e 

iscipli 

cr nag 



th t 

an 
1 mi 

tc 
e a*, a 

W 1 

y tc 
icn 

hea 
line 
tragi 
ers 
tc h 
thei 

aft 
t cf 

, i 

ne, 

istr 



his sec 
y ccur 
sec r due 
perform 
y be re 
t h the 

tfcccme 
may, a f 
ring t c 
, l e m c v 
strate, 
w h c are 
ear and 
r find 
er cons 

the ma 
t shal 
removal 
ate. 



tier 
t it 
t in 

his 
tire 

per 
, of 
ter 

be 
al c 
or 

ju 
tak 

ings 
ider 
ster 
1 re 

CL 



, ar 
ay 
off 
du 
d fc 
f cr it 

inve 

held 
r re 

th 
stic 
e e v 

tc 
ing 

£, i 
censm 
reti 



y i 

be 

ice 

ties 

e di 
a tee 
per it 
stic 
be 
tire 
e C 

iden 
th 
the 
f t 
end 
re ice 



us tice 
discip 
cr wi 1 

cr 
sa tili 
cf hi 
a cent 
at icn 
fere 
lent c 
cirmiss 
cr ju 
ce in 
e Ceo 
reccrd 
he Cc 
tc the 
rt cf 



, 3 
lire 
lful 
habi 
t y s 
s du 

cha 
it d 
it 
f a 
icr 
dges 
the 
miss 

and 
amis 

sup 
the 



ud ce 
d cr 

and 
tual 
er i- 
t i e s 
rac- 
ee os 
ccn- 
jus- 

may 

cf 

mat- 

icn. 

the 
sicr 
reme 
jus- 



The supreme court shall review the reccrd cf the pro- 
'.ings en the law and facts and may perait the intro- 
duction of additional evidence, and it shall crder the 
discipline, removal or retirement as it finds just ard 
[ - r cr wholly reject the recctmenda ticn. Upcn an 
for his retirement, any justice, judge cr oagis- 
trate shall thereby te removed frcm effice, and his 
salary shall cease frcm the date cf the crder. 

Judicial Standards Ccnmissicn shall make rules 
implementing this section and providing fcr cenfider- 
tiality cf proceedings. 



CCKPENTS 



Judiciary Ccrrcit' 






scire 
adcp 
coup 

QUI 

is d 

hdVr 

radc 

Mexi 

1 n 

appe 

sect 

a J 

deie 

his 

plis 

syst 

remc 

mend 

ma y 

of t 



c 

d 

te 

Cf 

r a 



CO 

k 

i r 
: c 
u • 
li 



V 1 

at 

cr 
be 



;ct ic 
c a i f i 
d by 
iticn 
i n i c n 
f ted 
e x a m i 
Idaho 
, and 
epir.g 
ing i 
n tc 

ct ic 
etire 

d wit 

cr 
1 L^c 
icr. 
d e r a 
case 



n 1 
cati 
the 

of 
, tc 
[;c rr 
ned 
/ Vi 

hav 

m i 

n ot 

p rev 

c a u s 

the 
raent 
h o u t 

cs~s 

tc t 

he a 



9 is 
cd r r c in 
pecpl 
the J 

the :ir 

the pr 
t h -3 Ala 
rginia , 
€ dst;r 
th the 
h s r c c 
idfc for 
<z c f a g 

per i cr 
cr c 

a :: u n d 
ar r assm 

n e c e s s 
he £ u p r 
ring in 
rr a y t e 



i : - 

the 
Of t 
ug ic 
eds 
c vi £ 
ska, 

and 

rr, i i; e 

ne 

nsit 

the 
e cr 
m a n c 
;u 
ue a 
e v. t 
ary 
erne 

the 
prep 



ntir 

:, ■ a 
h at 
ial 
or i v . 
i c n £ 

Eue 

K a n 
d th 
eds 
utic 

sir 

ct h 
e cf 
re o 
rr c u n 

tc 
then 
ccur 

scat 
er . 



ely 
f 

? - a 

s t a 

C E t 
Ct 

rtc 
sas 
at 

ct 
ns . 
uat 

_ t 
J. 

hi 
r r 

t c 
an 
th 

t v. 

ter 



re u 
e x ice 
te in 
ndai ( 
ana. 

th 

Pice 

c c n s 
the r< 
K : r 
It 
len , 
d i s a t 
s dut 
e m c v a 
f tad 
y cr. e 
e c c n 
he wi 
, ar. d 



s-'C'-icn. It is nod-led with 
Constitutional prevision 

19 f 7 . Vie have modified the 
s Ccmrrissicn to conform, in 
: talarce cf the article 
New Kexicc Ccnstituticr. K e 
, Hawaii, California, Colo- 
titu tiers as hell as Net* 
ew w exicc prcvisicn is more 
tana than these p r c v i s i c r s 

is the purpose cf this 
short cf irrpeachrrent, vhere 
ility cr tad habits teccrr^s 
ie£. Order this prevision 

I freer effice car be acccrr- 
publicity tc the judicial 
concerned. In the evert 

iris si cr makes its re com- 

II leck irtc the matter and 
then aake such dispesitien 



S-cticn zC. C0UF1S Cr RECCEC. The supren 
trict courts shall be ccurts cf reccrd. 



ana 



dis- 



CCEKEN1S 

Section 2C is identical with Article VIII, secticn 25 cf the 
1889 Ccnstituticr. and the majority committee fe^ls nc r.^c-ssity 
fcr change ir. this secticn. 

Secticr 21. LAWS DELATING IC CCDETS - UfllECRK. All 

laws relating to the ccurts shall te general and cr 
Uniterm operation throughout the state; ard the orga- 
nization, juri sdict icn , pewers, proceedings and prac- 
tice of all ccurts cf the- same class cr grade, sc far 
as regulated ty law, shall be uniform. 

CGKKFMS 

Section 2 1 is identical with Article VIII, section 26 of the 
1869 Constitution and the majority cctrrrittee feels nc necessity 
for chance ir. this secticn. 



te 



Secticn 2 
ce££ shall 
cutions s 

ity of the same. 



c c 



dh.ji:2, The style cf all prc- 
"The State cf t-.cr.tara" ard all prc£€- 

■ and the authcr- 



STYIE CF EFCCE 
te 
shall be ccn 



t o c a u t i. j. [. i_ ii '. a 1. 1 

ducted by the naae 



CCKflENTS 



Section 22 is identical with Article VIII, secticn 27 of the 
1889 Constitution and the majority committee feels nc neces£ity 






KCNTANA CC^SIITUIICNAL CONVENTION 



tor changt i 1 the s e c t i c r, . 

i ( i V. CF ACTIf.N. Iher-: shall be tut cr.e 
fern cf civil action, one lav, ard ecuity nay t € admin- 
i s t e r e d i r. the s a rr e action, 

CCKWEMS 

Section 23 is identical with Article VIII, section 26 of the 
1889 Constitution and the majority committee feels r.o necessity 
tct change in this section. 

ticn 24. JUDICIAL CCPPEKSATICN. The justices cf 

supreme court and the judges cf the district ccurt 

ill te paid monthly by the state, a salary, which 

shall net be diminished during the terms which they 

shall have been respectively elected. The salaries cf 

justices cf the peace shall te paid menthly by the 

counties cr the state as may be prescribed by law. All 

ilaries paid to justices and to judges shall be in ar 

amount sufficient tc attract capable ard experienced 

lawyers to the judicial service. 

CCKKENTS 

This section is identical tc Article VIII, section 29 cf the 
1389 Constitution with the excepticr that the justices cf the 
supreme court and the judges cf the district ccurt are paid 
monthly rather than guarterly. This ccnfcrns tc the established 
practice now existing which is in fact in disregard cf the previ- 
sions cf the 1H8S Constitution. Ar additional sentence has been 
inserted tc provide that the salaries cf the justices cf the 
supreme court and judges cf the district ccurt will be in an 
imount sufficient to attract capable and experienced lawyers tc 
the judicial service. 

Secticn 25. FROHIBI1ICN CF CU1SICE IKCCBE. Nc jus- 
tice of the supreme ccurt ncr judge cf the district 
ccurt nor magistrate or justice cf peace paid a menthly 
salary shall accept cr receive any cempersatien , fee, 
perquisite cr emolument fcr or en acccunt of his 
office, in any form whatever, except salary and actual 
necessary travel expense as provided by law. 

CCKKENTS 

Section 25 is a modification cf Article VIII, section 3C of 
the 1889 Constitution, in that it allcws actual necessary travel 
expense as provided by law whereas this was prevented under 
secticn 3C. 



Secticn 26. LAW EBACTICE ERCHIEITEE. No justice cr 
cl^rk cf the supreme ccurt, rcr judge cr clerk of any 
district court shall act cr practice as an attorney cr 



Judiciary Ccirni~tee 



505 



counsellor at law in any c c u r t c f this e t a t € during his 
ccntinuarc-: in office. Magistrates cr justices of t b € 



peace shall net practic- 
al agist rate courts. 



l-i. 



. n justice c £ the 



eac< 



i. L 



C C M i"l E M £ 

Section 26 is identical with Ar^icl- VIII, secticn ^ 1 
the tollcwinq sertecce was added: "Magistrates cr justices 
peace shall net practice law in justice cf the peace or raagis 
trate courts". 



except 
cf the 



sect ic 
the 1-3 
practi 
ing cf 
allow 
cf p e 
by all 
the sa 
lawy er 
in c t h 



he u 

n 2 
gisl 
ce 

ficfl 
a ju 
act 
ow in 
is 9 t 
s t 
e r c 



par aa 
j o f 

law i 
of j 
s t i c e 
cr ma 
j law 
ime t 
c sup 
curts 



mg 
tn 

can 
n ct 
usti 

cf 
gist 
yers 
o pr 
p 1 e rr 



c t 

al 
her 
ce 

rat 

t c 

act 

ent 



just 

aicr 
lew- 
ecu 
cf p 
ce c 

9 CC 

hel 
ice 
inc 



1C-"' c 

i t y r 
a jus 
r ts c 
eace 
r sag 
ur to. 
i a p 
in ct 
o ni e a 



f peact courts is contenplated by 
ej.crt. The ccumittee believes that 
t i c e cf peace cr magistrate * c 
f the state cf Mcntana while hold- 
er aagistrate, but they car. ret 
istrate tc practice law in justice 
The majority ccaicittee feds that 
csiticn as justice cf peace ar. d at 
her courts would allow practicing 
s a justice ci peace by practicing 



Secticn 27. SOPEEKE CCUFT CflMCNS. All cpinicr.s cf 
the- supreme court shall be ir writing and subscribed 
thereto by the concurring justices and the dissenting 
justices and such cpiricrs and aecisicrs shall be pub- 
lished in official repcrts cf the supreme ccurt. The 
legislative assembly nay provide fcr the? publication cf 
decisions and opinions of the supreme ccurt. 



CCHKESTS 

cf section 27 is identical with Article 
VIII, section 32 cf the 1889 Ccns t i t u t ion , except that a further 
requir ement is made that all epinens ci the supreie ccurt shall 



The last sentence 



require me nt is maae mat an cpinicns cr tn e supreie ccurt snaii 
be in writing and subscribed thereto by the dissenting justices. 
That pcrtion which has teen add c d is fcr the nest part being dene 
in practice, the iiajcrity cf the ccainittee feeling that this 
practice shall be made a requireirent cf the ccurt. 

Section 28. RESIDENCE CF JUDICIAL CEEICEBS. All 
officers provided tor in this Article, except justices 
cf the supreme ccurt, whe shall reside within the 
state, shall respectively reside during their term cf 



office in the district, county, 
city or town ir which they may be 

CCKKENTS 



tcwrship, precinct, 
fleeted cr appointed. 



Section 28 is identical tc Article VIII, section 33 cf the 
1889 Const it uticn. The majority cf the cefftrittee feels that 
section 33 shall be adopted as secticr 29 without change. 






vna con: lick/ l ccnvfnticn 



■ i< i 
Vac a r. c i < : 
ccuit, or 

t i I ] ■ i by 

ch all bi £ 

ccir mission 

'i i 

t 

-xfiri*-:cr. 
elect <? 



VAC 

i u d . 
, c r c 1 e 

: ■ in t 

• ict 
ill 

c t 

u r t i 1 

. i 

• Mil 

th 

i • 



L EH 

ICG 

ik cf 
n t , 

3 i f 

CCUlt 

a p p c i 
cc 

tc f i 

elect 
a vac a 
term f 



c 

■ 
t 

i c- 

nt n 

11 

i - : x 

ncy 

or 



t : 

trie 

: i. 

y t h 

s cf 

ert, 

y v. h 

ar:y 

t ct 
a rd 
sha 

wbic 



snccE 
u; tic 

t ecu 
p lp irt 
e gov 
ccur, 
cth J 
ty t 
i e £ 

SUCb 

neral 

qua 

11 he 

h the 



SSTCN 
- CI 
Et, C 

ecu 
ancr 
t y a t 
r jud 
he tc 
uch v 
vaca r 

elec 
lifie 
Id cf 

p c rs 



CF A 
the 
r cth 
ct, 

cf t 
t c r n e 
i c i a 1 
ard c 
acanc 
cy sh 
ticn 
d. 

f ice 
ce he 



FFCINTEI. 

supre me 
er appel- 
shali te 
he state, 
y, clerk 

erf ices , 
f c c u r. t y 
y occurs. 
all held 
ar.d until 
A cerscr. 
until the 

succeeds 



No judicial ctric: hereafter appointed ty the gcver- 
as provided in this secticn is eligible tc be a 
candidate for judicial office fcr a period cf cne year 
r lis successor has beer elected. 



VIII , 

is a 
i. r 1 1 e 
elect 
there 
terms 
ne x-t- 
as th 
ten w 



new 
th 

icn 

i s 

c 

hie 



first 

icn 

provis 

• \ d v a n 

c c r. t e 

a gion 

o that 

e r a 1 el 

r C U in t d; 

h prcvi 



parayr 
3 4 c f 

icn. 1 

' : |t C 

St. 1 

ing te 

the 
ection 

t. Ihi 
des f o 



CCf f F MS 

aph of this secticn is identical to Article 
the 1689 Constitution. The secend paragraph 
he purpose ct this new prcvisicr is tc elim- 
f the "created" incumbent in a judicial 
he majority ct the committee recognizes that 
ndency for judges tc retire during their 
geverner appoints a judge tc serve until the 
when the appointee then runs fcr the effice 
s appears tc be an undue advantage in a sys— 
r election ct judges. 



•icn iC. TNLLIGIEILITY ECB PUEIIC CEEICE. Nc jus- 
tice of the supreme court cr district judge shall held 
ir.y ether public effice, except that he may te a member 
of the Judicial Standards Conmissicn, while he remains 
in the effice tc which he has teen elected cr 
a p p c i n t < ■ . 

COEEEiNTS 



Section K is id-ntical with Article VIII, section 35 cf the 
188^ Constitution except that the following language is added: 
"except that he may be a member cf the Judicial Standards Commis- 
sion". The 1889 Constitution dees net have -i-he reguirenent fcr a 
Judicial Standards commission and under secticn 2C of the major- 
ity report, ix Judicial Standards Commission is new part cf the 
proposed judicial article. Three justices are required tc sit cr 
the Judicial Standards Commission and thus the foregoing member- 
ship en the commission is excepted tc make clear that there will 
be nc violation by a justice or judge teing a member cf the Judi— 



Judiciary C c n n i 1 1 



507 



cia 1 



:andards Ccoi mission . 



di 

x u 

1 n 

~ +-- 

ca 
is 

pc 



Sec 
str 

£ t 

u c 

r 

ere 
re, 

r 



tier. J 1 . JUDGE EFC T E K F C E E . Civil actios in the 
ict ccurt way Le tried by t judge fie tempers, v. he 
be a mem tar of the tar cf th- state, aqr-ec up en 
itiny by the parties litigant, cr their attorneys 
ecoEd, arprov-d by the ccurt, arc Sfccrn *c try the 
~; and ir. such cases any crier, judgment cr 
e , iti a -i 2 c r rendered therein by such judo., pre teir- 

s ha 11 h-iv- 
ndered by t h < 



the 
ecu 



same fcrcc a r. d street as if mads 
t with the regular judce presid- 



1E I 



cof.KE f . is 



; c t i o n '3 1 cf the majority r e p c r t is identical with Article 
cr the 1 8 fi S Ccrstituticr, except in secticn 36 a 



VIII , section 3b 
civil_ _acticn 

self-ex plan at cry 



changed 



civil 



icticr.s . 



This 



Secticn 32. FCBFEHtRr CE JUEICIAI CEFICE. Any judi- 
cial officer *hc shall absent Litrseli ircn the state 
for more tnan sixty consecutive days shall be deemed to 
have forfeited his office. 



Section 32 is identical 
1889 Constitution. 



CCKHIKTS 

with Article VIII, section 37 of the 






, A CCNSinillCNAL CCKVENTICN 



■•/..! . CE( : AL CN CAMPAIGN EXPENSES 



: : . : ': [| JUCICIAEYCCMKI'ITI : 

c - 1 c r in the new judicial article tc read 
ib fellows: 

•ion _. C A K P A I G K EXEFNSES. The legislative assembly 
..hall Lat' funds fcr the contested gereral elec+icn cau- 
paigr x; cf cai tes fcr the cffices cf justices cf the 

strict ccuLt judges and shall enact laws 

* :. i it, cur. t, expenditure ar. d <iisr.csiticr thereof.. No 

i( .•• justice cf + re supreire ccurt cr district court 

, ncr i r i y person or persons cr his cr her behalf, shall 

expend m c n e y in a campaign for the cffice in excess cf the airctnt 

appropriated and authorized by the legislative assembly. 



ravifi_l i _HclJard 
Chairirar. 



Catherine_g6gtiertcr 

Vice Chairman 
(crigiral ur. signed) 



Cedor E. Arcncw 



^£SI_i5i_Eowraan_ 
(criginal unsigned) 



hod Hanson 



J. fascn tfelvir. 



Jchr N. Schiltz 



Leslie "Jce" Eskildsen 



Een_E i _Eera x _Jr i 
(criginal unsigned) 



Judiciary Ccirniitte< 



r,0() 



C C K C- * h'l S 



CN 
CN 



S E P A h A 1 I 
CAMPAIGN 



f.AJCBITY 
EXPENSES 



tPCECSAL 



Sec 

assem 
tiil 



- f 



1C - J S 



court 
a m c un 
d a t e 
ju dge 
s hall 
exces 
legis 



ticn 

bl y s 
lect 
c 
jud 



- > 

tcr j 
, nor 

s of 
lativ 



hall 
ion 

£ 1 

ges 

xp - n 

usti 
any 
end 
toe 
€ as 



C 

ap 
cap 
ust 

a i. 
clit 

Cc 

; ; - 

11 c 

a mo 

Sfcffi 



A K P A 
prep 
paig 

ices 
d s 
ure 
of t 
rscn 
ney 
unt 
L 1 y . 



IGN ^XFINSES. The legislat 
r i a t e fur.ds fcr the contested g 
n expenses c f candidates tor 

of the supreme ccurt and distr 
hall er.act laws regulating 
ana disposition, thereof. Nc can 
he suprene ccurt cr district co 
or p-rscns en his cr h r : r teha 
in a campaign fcr the office 
appropriated a r. d authorized fcy 



i we 


- r- 


the 


ict 


the 


ci- 


urt 


If, 


in 


+ he 



CCfKEMS 



c c n t e m 
contes 
always 
his p c 
wrong 
are th 
the de 
the c 
win re 
justic 



cth 
plat 
t. I 
ha 
siti 
peo 
e bi 
trim 
andi 
gard 
e su 



the 

e a 

n ei 

d: 

on b 

pie 

gges 

ent 

date 

less 

f f s r 



in l n c r i 
n e le 
ther c 
(1) th 
y s ■- e k 

can 

t cont 

of the 

with 

of id e 

s i n t 



tj 

ct 

IS 

p 

i i. 
:r i 
ri 
us 
th 
r i 
he 



an 3 
icn c 
a the 
neces 
g ca it 
ke cc 
tutor 
elves 

9 FPC5 

t ; an 

prcc 



rcajc 
f ju 
re w 
sity 
paig 
ntr i 
s an 
tha 
t ire 
d (^ 

eSS. 



rity proposals cf the ccnnittee 
dqes, presuirably in a non-partisan 
ill te the sane problems k? have 
that the judge deirean himself and 
n fur.ds; { 2 ) the fact that the 
buticrs; (3) the fact that lawyers 
d solicitors cf campaign funds to 
n the candidate; (4) the fact that 
ney to spend is the icre likely to 
) the fact that th 3 appearance of 



The committee majority proposes this special section as a 

means of curing the defects in election cf judges and believes 

that the expense is warranted in view cf the benefits to te 
ottained . 






ISTIIUTICKAI CCKVES1ICH 



juciciarv. cere : 

ticl cr the Judiciary to read as fol- 

AFTICL* 

■ 1 3 JUL ICI A FY 



1 . JJEICIA1 E C V if. f . 1 h € judicial fewer of the state 
is v~ i s u f r '"• m < c:u:<- and district ccuits and such ether 
court provided by law. 

tion . SUl CCCP1 FCSEFS. Th<= supiems ccurt shall 
h a v i p i jurisdiction and general supervisory and 

v- c c n t r c 1 eve: all ccurts. 

. i[ ; in ccurt cay irak- rules fcr the practice cf law and 
ninisti :, in all ccurts. 



.:;: n -_ ccurt shall h a v e such power t 
prcc is Hi ay he provided by law. 



tea up 



rules cf 



j;:, ccurt shall have original juris die tier *c issue, 
hpar a termin ; -ll writs appropriate tc the exercise cf its 
juri tier, irclucir.^ tie writ ci hate as ecrpes. 

SUFFEME COURT CFGAMZATICK. The supreme ccurt 
consist ct one chief justice and tcur justices, a najcrity 
cr when will be necessary tc ircrcunc" the decision, which must 
i r. writing and s i g n > ! L y the a a j c r i t y . 

1 1 i v e issecbly a ay ir. crease the number cr justices 
flea rive tc seven. 



judges shall he substituted Icr the chief justice 

event cf disqualification cr disability, 

in any cause, ;..•: the opinion cf the district judge sitting with 

! court shall have the sane effect as an cpiricr cf a 

c t the supreme ccurt. 

<♦. DISTRICT CCCET PCfcEfiS. Original juristiction of 

causes, both civil and criminal, including the 

pow- to issue, hear and determine criginal and remedial writs is 

district ccurts, but distribution cf ccrcurrent 
jurisdiction with ether ccurts rray be provided by law. 



Judiciary Ccmiritte 



511 



Ontil otherwise provided Ly law, appeals f r c rr irfericr 
courts irust be tried anew in the district ccurt. District courts 
shall alsc have jurisdiction tc review decisicns cf administra- 
tive toards and cc missions and they shall have such addit icr.ai 
jurisdiction as may he delegated by the laws cf the United States 
and the state cf Montana. The supreme ccurt a r. d district ccurt 
process shall extend tc all parts ct the state. 

Section 5. JUDICIAL CIS1EIC1S. The legislative assembly 
shall divide the state intc judicial districts and provide fcr 
the number ct judges in each district. 



T he 



legislative assembly shall have the pcwer to charge the 
number cf judicial districts and their bcurdaries and the cumber 
of judges and magistrates in each district; however, each dis- 
trict shall be formed of compact territory and be bcurded by 
ccunty lines, but no changes in the number cf boundaries cf dis- 
tricts shall wcrk a reircval cf ary judge frca office 
term fcr which he has been elected cr appointed. 



during the 



The chief justice may assign the district judge arc ether 
judges fcr temporary service frcm ere district tc another, and 
frcm one county tc another. 



Section 6. 
ccurt, district 
provided by law, 
their term of office. 



TEF.KS AND EAY CI JCEGES. Justices cf the supreme 

ccurt judges and ether judges shall be paid as 

their salary shall net be diminished during 



tut 



Terirs cf office fcr supreme ccurt justices shall be six 
years. 

Terms cf oftice for district ccurt judges shall be four 
years. 

Terms cf office fcr ether judges shall be provided by law. 

Section 7. SEIECTICN CF JUDGES. In all vacancies in the 
offices cf suprene ccurt justices and district ccurt judges 
caused by death, resignation, removal, retirement or failure cf 
an incumbent judge tc file a declaration cf candidacy fcr a suc- 
ceeding term of office, the geverner cf the state shall nominate 
a supreme court or district ccurt judge frcm nominees selected in 
the manner provided by law. If the geverner fails tc nominate 
within thirty days after receipt cf the naaes cf the nominees, 
the chief justice cr acting chief justice shall make the nomina- 
tion. Each nomination shall be confined by the senate, but a 
ncttir.aticn made while the senate is net assembled shall be effec- 
tive as an appcirtnent until the end cf the next session cf the 
senate. If the nomination is not confirmed by the senate the 
office shall be vacant and another selecticr and nomination shall 
be made. 



Before the close of filings fcr nominations in the first 



,12 



komana cct>siiTUTiON ai cci^vemicn 



pr 1 

a 1 i 

lot i : 
I t 

in 

9 1 
re ] 
mi; 1 



y - 

- 

cic 

ion 
r 1 






ill 

■ 



t ion 

nc 
i hi 
l 



: h 



- 

i I v 
■ 

c t i o 

s 1 1 \ . : c 

ucce 
r.fei . 



n a 1 1 cccfirnsaticn, the 
: placed ci a c c n 1 s s t € d n c n 
ve tiled fcr -lcc tier to 
election contest fcr the cf 
shall nevertheless be f lac 2d 
!, 1 1 lowing vcters cf the sta 
v a 1 or rejection. Thereafter 
t c approval c r rejectic 
i g term c 1 office. In 
another selection and rem in 



name 
-parti 

that 
f ice , 

en a 

r ■; or 
, the 
n in a 
the e 
a t i c r. 



cf the 
s a r. t a 1— 

elf ice . 

the naire 

ballot 

d istr ict 

elected 

gene ral 
vert c f 
shall be 



tier . . IALIFICATICNS AM LIMITATIONS CF oUCGES. Nc 
perscr i ■ Ligibl< to the offices cf justice cf the supreme 
cou • • 1st lie t court unless he cr she shall have 

practice cf lav. in Kcntana for at least five 

y- . 1' date cf appcirtirent cr election, is a citizen 

ral s, a::d has reside.! in the state cf Montana two 

, : '.a., iiately before taking effice. Qua lif icat ic rs and 

c I election of judges cf ether ccuits shall be provided 

by law. 

s u i court justices cr district court judge shall 

solicit cr receive any compensation cr account cf his office, in 
iny form whatever, except salary and actual necessary travel 
expen: as provided by law. 

Sxc-;t is ot!^rwis: provided in this Constitution, nc 
su[ r court justice or iistrict court judge shall practice law 
dun:. his terni ct effice, engage ir any cth<=r employment fcr 
which sal iry or fee is paid, cr held effice in a political party. 

Filing for mother elective public effice results in forfei- 
ture of judicial pcsiticr. 

A ui strict judge trust reside ir his district during his terra 
of c f i i c - . 

ectior 9. DISQUALIFICATION CF JUEGFS. The legislature 
shall [.revile fcr disqualification cf judges at any cne or all cf 

the ir. fericr, trial and appellate ccurt levels. 



Section 10. BEKCVAi ANE IIS 
There is created a Judicial St 
three judges, selected ty the dis 
than one can be a it ember cf the s 
Montana Bar, and two citizens w 
of t h . • 1 1 1 v c r. t a n a c r any 
appointed by the governor. Fach 
be filled in the: saiie manner as t 
and the appointee shall serve tc 
vacated. No act cf the commission 
a mijority of its members. The cc 
members to serve as chairman. It 



C1EL1NE 
a rda rd s 
trict ju 
up r erne c 
he dc nc 
effice 

vacancy 
he o r i g i 
r the' 

is vali 
Emission 
s prccee 



CF J 

ecu ir 
d g e s 
curt 
t he 
c i 

c n 
n al 
rema 
d un 

sha 
ding 



U C G E S 
i s s i c n 
, cf w 
; two 

I c* any 
a pel 
the cc 
appcin 
i n d e r 
less c 

II sel 
s s b a 1 



ANE I 

consis 
hich nc 
members 

fullic 
itical 
mii!i£sic 
t ii e r t w 

of th 
encurre 
ect cne 
1 be cc 



AwYEBS. 

ting c f 

t mere 

cf the 

effice 

party, 

n shall 

as made 

e term 

d in by 

of its 

rf ider- 



Judiciary Committee 



513 



tial. 



mg £ 
any ci 
basis 
cr for 
practi 
tc be 
before 
plaint 
any j 
any pr 
court 
this A 



he ccir 
ewer t 
tizen 
for r 
th 1 
ci r j 
well f 

the 
, and 
ustice 
actici 
shall 
rticle 



mission 
c subpc 
cr en 1 
et ireme 
iscipli 
1 j wyer 
cunded 
sufiemt 
if it t 
cr j 
r. g 1 a w y 
call in 



shall 
e n a w i 
ts ofcn 
r. t , c e 
n e , c e 

it, th 
the c c 

cour t 

6 SUtS 

u d g e c 

er. If 

a d is 



have t 
tnesses 

mcticn 
nsure c 
nsur e , 
6 state 
mraissic 
. Ihe s 
tantiat 
r disci 

the cc 
trict j 



h c pc 

ar. d 
, ch 
i l em 
s usp- 
cf M 
n s ha 
uprem 
ed na 
p 1 i r. e 
ir, p 1 a i 
udge 



ser 

decu 

ar ge 

CVdl 

r. sic 
c r t a 
11 t 
e cc 
y re 
, ce 
nt b 
as p 



t c in 
iren ts 
s wh 
cf a 
r cr 
r.i. D 
i le a 
ur t s 
tire , 
v. s u c e 
e aga 
r c vid 



vest 
, up 
ich 
ny j 
dist 
pen 

f c 
ball 
cen 
, su 
inst 
ed i 



i g a t e- , 
en ccrnpl 

cculd 
ustice c 
ar ir e r t 
finding 
r ira 1 cc 

hear su 
sure or 
spend cr 

a justi 
n sectic 



irclud- 
aint by 
t € the 

r judge 
c f a r. y 
charges 
m p 1 a i n t 

ch CCB- 

reincve 

disbar 
ce, the 
r 3 cf 



Section 11. CLERK CF Ikl SUFfiEKE CCURT. The chief justice 
shall appoint a clerk cf the supreme ccurt whe shall held office 
at the pleasure cf the supreme ccurt. 

The salary and qualifications shall be fixed by law, and the 
duties cf the office shall be prescribed ty the supreme court. 

Section 12. CLERK CF THE DISTRICT CCIFI. There shall be a 
clerk cf each judicial district ccurt in each county whe shall be 
elected by the vcters therein and who may appoint such deputies 
as provided by law. 

The term cf effice, qualifications, anc the center. saticn cf 
the district ccurt clerk and deputies shall be provided by law. 

The duties of the clerk and deputies shall be prescribed ty 
the district ccurt judge and as provided ty law. 

Section 13. DISTRICT ATTORNEYS. Ihere shall be elected dis- 
trict attorneys whose jur isdic ticnal area, qualifications, tern 
of effice, salaries and duties shall te provided by law. 



£3therine_Feirbertc£ 
Vice Chairman 



Ben_| i _Eer^ x _Jr i 



Jean M. Ecwman 



J. flascn Kelvin 



.1 1 



.h'TllUTICNAL CCKVEKTICN 



[S CN MIKCEITY EFCECSAL 



c c r n v 

c 1 a r i 

■ 

a r. d t 



: 

; 



l or 

. i 

• 
n i n 

n t i r ' 
a r e v i 



• i 

- / 
: 

eh t 



! - 

' i t 

y p 

i 

erh 

Cid 



ity 
. : ■ v ■ 
• i 

topes 

n th 
arced 

Ii e i p 



: : 
- c 

?J 

is 

# 
t 



Ju 

d f 

del 

t c r a 

i • 
Jud 
ne t 

D I 1 

Is. 



C 1C 

a n 
lex 

ega 
te 

VI £ 

ici 
ins 

Of c 

1 L : 
: 



1,1 1 Article is truly e viable 
d operation ct the courts of 
itility -ire i + s strength; its 
ir this convention was 
tc assure trevity and siorrli- 
icris sc that all cculd under- 
a 1 Article treasures u r in 
-hcr.cred safeguards have teen 
sal, citizens' choices and 
iciary has teen strengthened, 
-r trade acre flexible tc 



Cccirittee has heard amy witnesses. 5cne cf 

Laphasizea t r e irrpcrtance cf the independence ct 

the Legislative and Fxecutive tranches; ether 

t mce of th? judges t^ing responsive tc "-he 

judiciary must alsc te respcrsive 



Jm Lciary 

i c i i : y ft c m 
amphasiz- iirpc 
Li.. ' ;utaiit ted that th 
t c th. lawgivers, the people. 



: » i c 1 - kj; drawn witl the idea 
!)ri!ic ; . ir.ust te js strong as the ether twe; 



that the judicial 
that its officers te 



3 t ligation as ruaanly possible; and, that the choice 
: be the responsibility cf the Legislative and 
Executive branches and the voters. 



:ticn 1. JUDICIAL FC*IF. I he judicial power cf the 
i. vested in a supretr.e court and district ccurts 
i ether ccurts as may te provided by law. 

CCf PIEN1S 

D'incrity committee believes that this prevision is tread 
L=xitle enough tc accommodate net cr.ly the existing inferior 
court , including justice cf the peace, pclice and municipal 
courts, tut alsc for the inpleiientaticn cf future ccurts. 

irincrity has deleted reference tc a ccurt cf itrpeachment 
in the judicial article tecause it is an archaic, seldcn used 
prcceiure ind tecause it is adeguately ccvered ty Article V, 
section 16 cf the legislative article cf the 1889 Constitution 
w h e r ^ it more appropriately telcngs. 



snouid te pointed cut that by deleting reference to jus- 
tice cf th ice, there is nc intention tc abolish cr affect the 
present jurisdicticr and cperaticn cr these ccurts, but rather to 
leave assignment cf judicial pewer in these ccurts exclusively to 
the legislature where there is wide latitude fcr in pre vemer.t and 
alterations that will adjust tc the varying complexities cf rural 
urban problems in the administration cf justice en the lower 



Judiciary Ccimitte<7 



5 1 5 



leve 1 . 



Section 2. SUPtHf.r CCOFT tCfctFS. The supreme cent 
shall have final appellate jur isdic tier, and general 
supervisory and administrative ccntrcl ever all ccirts. 

The supreme ccurt tray make rules fer the practice cf 
law and judicial a cttinistraticr ir all cents. 

The sipisai^ ccurt shall have such pewtr tc cake rules 
cf procedure as may be prcvidec ty law. 

The supreme- court shall have original jurisdicticn tc 
issue, hear ard determine all writs apprcpriate tc the 
exercise cf its jurisdicticn, including the writ cf 
habeas corpus. 

CCC f!ENTS 



exclus 
only 
allcw 
b e c o w e 

eral C 
the a 
tiens 
believ 
of sep 
go ve rn 
phrase 
be arc 



inal 
ivel 
tc 
for 

ne 
enst 
ppel 
and 
e t 
arat 

ffl S D t 

"al 
haic 



app 
y in 
indie 
inter 
ce ssa 
ituti 
late 
regul 
c be 
ion c 
. si 
1 cas 
a nd 



ellat 
the s 

ate 
media 
ry tc 
en, t 
juris 
a t i c r. 
censi 

f pC¥ 

m il a r 
es ic 

a tot 



■2 1 

upre 
the 
te a 
a s 
h^ m 
lict 
s as 
st en 
ers 

iy# 

law 
ally 



uris 
me c 
pla 
ppel 
peed 
in or 
icr 

may 
t wi 
amen 
the 
and 
unn 



dicti 
curt . 
c e w i. 
late 
y dis 
ity h 
cf th 

be p 

th th 

g the 

ir in 

egui 
e c e s s 



en 

We 
ere 
ccur 
pate 
as n 
e su 
re vi 
e ba 

tfar 
c rit 
ty", 
ary 



1£# 

enpl 
liti 

ts w 
h cf 
ct r 
pr em 
dsd 
sic 
ee p 
y ha 
bel 
dist 



ty 

cy t 

gati 

hich 

jus 

estr 

€ CC 

by 1 
Ccrs 
rinc 
s el 
ie vi 
i ret 



this 
he w 
en ° 
itay 
tice 
icte 
urt 
aw", 
t itu 
ipal 
iffin 
ng t 
ic r 



sect 
crd " 
r.ds , 

i n 
Li 
d cr 
tc "s 

This 
t i c r. a 

depa 
ated 
his 1 
and r 



icr , 
final 
tut a 
the 
ke th 

tnci; 
uch 1 

char. 
1 pri 
r t m e r. 
the a 
angua 
e str i 



vested 
" net 
lsc to 
future 
e f ed- 
it t e r s d 
inita- 
ge we 
nciple 
ts cf 
r. t i q u e 
ge to 
cticn. 



In addition tc the unfettered appellate jurisdicticn, the 
supreme ccurt is given original jurisdicticn tc issue all writs 
and orders apprcpriate tc the exercise cf its powers. The minor- 
ity proposal specifies only the writ cf habeas corpus, but by 
this specif ica tier dees nc_t intend tc exclude the use cf ether 
original writs enumerated in the 1889 Ccnstit u ticn . Likewise, we 
have retrieved the prccedural prcvisicrs regarding the issuance and 
hearing cf writs of habeas corpus because we think these previ- 
sions are purely statutory in character and because Article III, 
section 21 of the 1889 Constitution adeguately protects against 
the suspension cf the privilege cf a writ cf habeas corpus. 



To the general supervisory ccntrcl which the 1889 Constitu- 
tion granted the supreme ccurt, the minority has added adninis- 
trative control. This addiricr was made to clarify the super- 
visory powers of the supreme ccurt and to permit the supreme 
ccurt tc exercise centralized administrative direction for the 
entire judicial system. This power is further enphasized by the 
rule-making power in judicial administration. The minority does 
not believe that there is an immediate need fcr the employnent cf 
this pewer, but we see its probable need in the future. We con— 






MONTANA CONSTITUTIONAL CONVENTION 



,• : v citic- : th< clrk of the supreme ccuit cculd be 

, by 1 ■>.);> i -.<■ agency tc facilitate the adminis- 

i ci tl- :.. .1 ' • d and have "h^refcr- included the 

pew- in - i p curt tc prescribe the duties cf its clerk. 
(- 1 1 ) • 



i i 

rule 

I 
law" 
i 

■ v : i 
teca 



i 

I 
ii. 

: v - 
r 

ere 

'J. 



; 

• : i ' 
i -t 

kino 

ly 1 

- 

c • 



Lcn c 
: r ii: 
c ally 
pew - r 

c ire 

iti* I 

, c 

t hi ; 

• ■ 

: i 



I ''■ 

I 

cf t 
L> ig d 

is : ■ 
u 

f c c ii r 
1 •; i r y 
. I r i 
ly : • 
n: 1 i a 



i : cat 
i re 1 u 

he j u d 

1!. t t 

. trict 

I ci h c 
uali f i 
H t , th 
p c v e r 
s 1-li 

■ t e t w 



; 

wh i 
ici 
. 
ed 
i v i 
<- d 

c : 
eve 

e x 
e - n 



nze 
the 

c\ 

al s 

u p r e 

- c 

1 ar. 

ly t 

t L e 
the 

d t h 

el us 
sub 



I 

F 
re 

y - 

u. 

I u 

d 

he 

r u 
1 

a t 

i v 

S T 



by the a i 
racticf c 
late e xc 
ten. Few 

ecurt . T 
les c f 
criminal 
phrase 
le-na ki ng 
egislatur 

the nK 
ely with 
a r. five an 



r c n 
f la 
lusi 
e rs 
he s 
p r c c 
cede 
"as 
pew 
e as 
ing 

th 
d a 



ty repc 
ward j 
vely t 
in this 
eccrd c 
edure 
s, tut 

p re vi 

e r is a 

•:k la 

cf r u 

e legi 

d jecti v 



it intc 
u d i c i a 1 

c the 
regard 
lass c f 
and is 
is spe- 
d e d by 
c t u a 1 1 y 
wa ak ir g 
les cf 
s lat ure 
e law . 



SrCticn •• SUFPEF.i: CCUPI C RO A N I 2 AT IC N . The supretre 

ccuit hall consist cf cr, e chief justice and fcur jos- 

t aajcrity c f w h c m will be necessary tc p r c - 

ince the decision, which must be in writing and 

t y the aajcri*:^. 



The legislative assembly nay increase 
justices f r c in i i v e tc seven. 



th- number cf 



:istrict judges shall be substituted fcr the chief 
justie- cr the justices in the event cr disgualif ica- 
xion jr disability, in any cause, and the cpiricr cf 
district judge sitting with the supreme court shall 
. ivt the same effect as an opinion cf a justice cf the 
s u i r e ai e c c u r t . 



CCMfTENlS 



cour 
inci 
s i c n 

VIII 

perm 
just 
quel 
beca 
cove 
we h 
of a 



xc 
t 01 
U : • .i 
s, t 
, s 
it t 
ic< 

i . 

i v. 
dis 



ust 

I ) 

he 

ect 

he 

i 
ca 
t h 

pre 
qua 



for the requirement that decisiens cf t 
I in writirg and be signed by the najcrit 
r th^ purpose cf prohibiting per curiam ucs 
fcregcing section 2 is a cendensed version 
icn c . ci the 1889 Cc r s t itu t icn . It dee 
enlargement et the supreme court frcm five 
ncluding the chief justice. It makes no r 
1 e a d a r s and procedure tcr adjournment cf 
-> minority b-lieves that these are provisic 
"1 - rules cf ccurt. Similarly, in a shorter 
videi fcr the seating of a district judge i 
lification cf a supreme ccurt justice. 



he supreme 
y, which is 
igned deci- 
cf Article 
s, hewever, 

tc seven 

eference tc 

the court 

ns prcperly 

paragraph 
p the event 



"icn tl. DISTRICT COURT FCfcSRS. Original jurisdic- 
tion cf all matters and causes, bc*h civil and crimi- 
nal, including the pewer to issue, hear and determine 



Judiciary Ccnui^t^' 



517 



original a r. d 

courts, but distribution 

wi r h other ccurts iray 



remedial writs is vested in t h c district 
ex concurrent jurisdiction 
L e provided Ly law. 



Until cthcrwis c prcvided Ly law, appeals freir 
inferior ccurts iiusr be tried anew ir the district 
court. District ccurts snail alsc have jurisdiction tc 

r -»»-! --r.i H ^/«-i f-i a«p r-\ f _-» A nr i r ■■ -i c *- r- 2 1- i xt .~ V /- a r r c? r^ n r3 r /* n rr ■< c 



review decisions of adirinistrative hoards and ccai^c- 
sions and they shall have such additional jurisdiction 
as ic ay be delegated ty the laws cf the United States 
and the state c f a c n t a n a . The supreire ccurt 
trict ccurt process shall exterd tc 
state. 



all 



and dis- 
parts of tie 



CCfcEENTS 



in the 
has in 
tiens . 
e n c ;i ir b 
within 
it is 
t i c n . 
jurisd 
expres 
exclus 



r e v i t y 



draft 
eluded 

we 
ered b 

t h e c 
d e s c r i 

M c r e o 
i c t i o n 
s i o u n 
i c n of 



i r 
in j 

a c 
w-re 
y th 
r ig i 
b.d 
vsr , 
ma 
is e 

oth 



d c 
cf t 
ease 
ch 
e de 
nal 
in \ 

W fc 

y f 

xc lu 
ers) 



lari 
his 
nabl 
igr i 
lini 
jur i 
rtic 
are 
rove 
sic 
is 



ty cf 
pro po 
y t ho 
ned 
aticn 
s d i c t 
le VI 
appre 
to 
alte 
appli 



S G 

rc 
tc 

c 
ic 
II 
he 

fc 
r r 
ed 



xpr 
d ju 
ug h 

f i 
f va 
r of 
, se 
rsiv 
e i 
ius 



ssicr have guided the srincrity 
d i c i a 1 article. Our research 
study cf ether state Ccnstitu- 
r.d no other stats Constitution 
ricus types cf action included 

our principal trial ccurts as 
cticn 11 cf the 1889 Ccrstitu- 
e as tc just how limited that 
f the irterpretive rule cf 

(expression cf one is the 



pro via 
and , 
causes 
sect ic 
justic 
used 
resear 
be Be 
tive c 
ferred 
judici 
of ge 
"matte 
the v 
the ph 
the en 
of CO 
law", 
assign 
amount 
o t 1 i a 



ith 

€ di 
decor 
" in 
r. 1 1 
i a 1 1 e 
in th 
ch it 
a ring 
enstr 

th 3 
al a r 
neral 
rs" t 
estu-j 
rase 
tire 
ncurr 
By th 

ccn 
ing t 
ited 



these consider 
trict ccurts wi 
airigly, substi 
lieu of the 
of Article 

causes" employ 
3 North takota 

appeared that 

ful and is ther 

ucticn wtich we 

unlimited wo 

tide pertainin 

trial jurisdic 
o assure contin 
nt cf the powe 
"both civil and 
judicial system 
e n t jurisdicti 
is clause it is 
current jurisd 
o a felony and 
jurisdiction. 



aticns l n 
th tread 
tuted the 
specif icati 
VIII, We 
e> d in the 
proposed ju 
the word "j 
efcre still 

seek tc av 
rds "all ca 
g t c the s u 
ticn. Tc t 
ued probate 
r in criirin 

criminal". 
, we added 
en t c c t h 

intended t 
icticr. tc 
ir. incr civil 



mind, th 
and fie 

languag 
c r s c c r. 
cens ider 

I llinci 
dicial a 
usticiat 

cpen tc 
ci d. Ac 
uses" us 
p e r i c r c 
his p h r a 
ju risd 
al prcce 

T c p r c v 
the clau 
at ccurt 
c pemit 

hear c 

actions 



e ni rc 
xib le 
e "al 
t a i n s d 
ed th 
s Ccn 
rt icle 
le" is 

a pes 
ccr din 
ed in 
curts, 
se we 
icticn 
edings 
ide f 
se "bu 
s nay 

the 1 
riirira 

tc in 



rity 

jur 

1 a 

in 

e 1 
stit 
, bu 
too 
sibl 

giyr 

the 

the 
adde 

• 

we 
lexi 
t di 
te p 
egis 
1 E 
f er i 



sc ug 
isdic 
atter 
the 
bra se 
uticn 
t frc 

vagu 
e res 

W€ 

Calif 
ir c 
d the 
To s 
alsc 
bilit 
str ib 
ro vid 
latur 
atter 
or c 



rt tc 
tion, 
s and 
eld 
"all 
and 
it cur 
e to 
tric- 
h- 
oma a 
curts 
word 
ecure 
added 
y to 
ut icr 
ed t y 
e tc 
s net 
curts 



Cy thus circumscribing original jurisdiction cf the judicial 
power with legislative discretion, we were concerned that the 
legislature might effectively dessinate cur district courts by 






CONSIIlCIJChAI CCNVcNTICN 



icrc judicial jc^r ir tiibur.als cf its crea- 

:,, ic went tbi; 1 structivt at use ct power we have irten- 

L ly • word "ccr.cur.r~rt" as a limitation on that 

. •, • ly fctv i i v i n tc the p - c p 1 e the chcicp cf 

ary n t1 i text either a Constitutional cr legis- 

i. : • :, , , th< us cf the vcrd "ccrcurrert" as 

juris Metier, w a intend to leave to the 

. • . . unifying the trial ccuit levels if in 

the tu t ur thai sh c uld it desirable. 

w -re not content tc liait the district courts to 
tier cr, 1 y , tut foresaw the teed fcr ccr. tinued 
j u i t i c n ever inferior ccurts and administrative 
boa: ii missions. Hence, we specifically provide fcr trial 

de rcvo on ,i i 1 frcoi inferior ccurts, thereby avoiding exces- 
siv. i est tc parti . ir, the preparation cf transcript upon appeal 
ire « ecu its. 



. ilso accomodated future delegation cf judicial power 
bv ( Hnit tatei government or the stat c cf 1c n tan a and have 
net limited it tc the present power of naturalization as does 



Articl- VII 



section 11 of the 1 8 fc 9 Constitution. 



illy, tc make certain that both the supreme court and 
district courts are truly cents cf statewide jurisdiction, we 
h-ive expressly d^clar c .l that their processes extend tc all parts 
of t h <■ st t . 

Section 5. JUDICIAL EISTFICIS. Tr.e legislative 

assembly snail divide the state intc judicial districts 

. provide fcr the number cf judges ir each district. 

The legislative assembly shall have the power tc 
change- the number cf judicial distticts and their 
boundaries and the number cf judges ard nagistrates in 
each district; however, each district shall be formed 
compact territory and be bounded by county lines, 
but no changes in the number cr boundaries cf districts 
shall work a removal cf any judge frcs effice during 
the term fcr which he has been elected cr appointed. 

chiof justice iray assign the district judge and 
* ler judges fcr temporary service from cne district tc 
another, and frcm cne ccunty tc a nether. 

CC KM EN IS 



minority believes that it is the percgative cf the 
legislature to divide the state intc judicial districts because 
of the pclitical characteristics of such districts. It is felt 
legislature is net enly better equipped tc maintain a 
district'- pclitical integrity, tut it is altogether inappro- 
priate a court tc become involved in political activity of 
any character. It is presumed, however, that the legislature will 



Judiciary Ccmitt 



519 



consult kith the sunrsue c < 

judges i :. ■ - 1 c h district, 

action en the part c r the legislature 

tc ha removed from c f r i c e . It is a 1 s c 

of legislative deliberation, :t i + 

distric*- c r removed from his district 

decision . 



urt whet providing fcr the number ct 

Cur position a 1 s c prevents capricious 

which ir i g h t cause a judge 

dcuttful, under this systeir 

a judge cculd be move d tc a 

t e c a u s e cf ar unpopular 



S e c 1 1 c n 6 . 



ftKE FAY Cf JOEGFS. Justices cf the 



supreme court, district court judges and cth' r judges 
shall be pa ic as provided by law, but th^ir salary 
shall net be diminished during their term cf eft ice. 

1 e r m s cf office fcr supreme ccurt judges shall te 
four years, 

Terius of office fcr ether judges shall te provided ty 
la w . 

CCfiKENTS 



tiens 

have 

7. 



separate paragraphs, sen e what dinirished in length, sec- 



12, 



and 30 cf Article VIII cf the 188" 



Ccrstitcticn 



teen incorporated undtr the cual subject matter cf secticr. 



Secti 



tti" 
cou 
ret 
dec 
cf f 
sup 
lee 
r ai 
the 
chi 
tic 
ai ad 
tiv 
ses 
fir 
anc 



it j 
i r 3 hi 
lar a 
ice, 
re me 
ted 
Is 

nam 
ef 

n sh 
e wh 
e a 
si en 
lied 
ther 



cr. 7 . 
rices 
u d a e s 
ent 
tion 
t he 

ccur 
in th 
tc r. 
es cf 
justi 
all t 
lie t 
s an 

of t 

by 

sel^ 



SELECT 

cf su 
caused 
cr fail 
c f c a r. d 

q c v ;rr 
t cr dis 
e manner 
c it i r. a t e 

the n c fl- 
ee sh al 
e c c r. f i r 
he s e n a t 

a p p o i n 
he s e n a t 
the sen 
ction an 



TC 

t"i 
b 

0.1 

id 

C E 

t r 

F 
wi 

i". 

1 

i s 
-_ 

tm 

at 



I* CF JU 
eme co 
y d e a t 
e c f an 
acy f o 
cr t 
ic t ecu 
ro vided 
t h i r t h 
ees, th 
make th 
d t y t h 
is net 
ent u r 
If the 
e the 
n c tr i n a t 



DGES 
urt 

h, 

ire 

r a 
h^ 
it j 

ty 
irt j 
e ch 
e nc 

6 St 

ass£ 
til 

EC II 

ctf i 
icn 



. In 

jus 

r esi 

uaiL e 

su 

stat 

udge 

law . 

day 

ief 

ir ina 

nate 

nitle 

the 

inat 

ce s 

shal 



all 
tices 
g n a t i 
n t ju 
cceed 
e sha 

f reir 

If 
s aft 
justi 
tier. 
, tut 
d sha 
end 
icr. 
hall 
1 te 



vaca 
and 

en , 

dg^ 

ing 

11 n 
ncm 

the 

<= r r 

ce c 
Fac 
a v. 

11 t 
cf 

i s 

te v 

trade 



ncie 

dis 

r e n 

tc f 

ter 

ci ir 

inee 

gc v 

ecei 

r a 

h re 

cirin 

e e 

the 

ret 

acar. 



s in 
trict 
cva 1 , 
ile a 
rr cf 
ate a 
s st- 
erner 
pt cf 
ct ing 
irina- 
aticn 
ffec- 
next 
ccn- 
t ard 



Before the clcse cf filings for re air at icr s ir the 
first primary election after senate ccrf ir tea tier , the 
name of the appelated judge shall te placed on a ccr- 
testel non-partisan ballot if ether candidates have 
filed fcr election to that effice. If there is nc pri- 
mary election contest fcr the effice, the name cf th c 
appointed judge shall nevertheless he placed on a bal- 
let in the general electicn allowing vcters cf the 
state or district the chcice of his approval cr rejec- 
tion. Thereafter, the elected judge shall te sutject tc 






.A Cd^.STIlt'lICNAL CON V * NT ICN 



i [ [ l v il cr : j ect icn in a 
suci . • tcfcffice. in 

.1 j<: ct ior • ' ■; 

. • like manner , 



genera] electicr. fcr each 
tbs event cf rejection cf 
r: c ir i nation shall te made 



CCKf] 



• I 
i IT [ c 

inde 

cent 
th- 
• 

pcli 
11 c n - 
v i it- 
near 
a 5 
cr ys 



: v 

n e 
rizt 

- 
reus 
ly e 
-u 

rill 



• 
rsy 

lee 

d 

i : 



( 1 1 
e ha 

Mil 
jua 

- 
t i o n 
. - „ 
n e 

lly 

3 on 



■ 

: ., 1 
CSCp 

icia 

.1' : 
Ot 

lect 



t i - 



wit h 



jud 

u i y s 

r > ir 
nil : 
■ 
judge 

t h ■-- 
icr. 
by st 

t h e 

Selc 



icial 
been a 
cent 

■ (CpU 

L 
r i fro 
s. In 

appc 

ci jud 
rcng 
chair ir 
c a t e d , 
ct icn 



p c 1 
rd cert 
re v-rsy 
1 a r ccr 
y the v 
m lifet 

CU j U '3 

intive 
ges. fl f 
advocat 
ar vc t i 
the cc 
Cf judg 



It K5 

i r. u^ £ 
bet 

trcl 
ariet 
ime a 
icia 1 
it ' r 
ter p 
es, 
n g v i 
a irit t 
^ ^ _ 



1 hi 

to 

ween 

ct 
y cf 
ppci 

ccsr 
it 

rclc 
the 
th t 

c c l p 



story 
te 
the 

the 

£ yst 
rtmen 
b i 1 1 •= 

s yst 
nged 

ccmir 
he ma 

coll 



cf the 
a gr e 
ceneep 
courts 
ems ado 
t tc th 
e the c 
eir a r. 
discuss 
ittee 
jcrity 
ect i ve 



United 
at and 
t cf an 
This 
pted by 
e par- 
encepts 
d the 
ion and 
divided 
tc make 
thcugh t 




pur[csf ct the nir.crity's plan is twofold; rairely, tc 
present to the voters judicial candidates whese qualifications 
are recognized and to encourage better qualified and experienced 
lawyers to seek elevation tc the judicial bench. It is the posi- 
tion cf the minority that this system cf selection will prcvide 
strong, able, impartial and independent judges who are still 
responsive tc and elected by the people. 



vote 

tota 

indi 

the 

govs 

we t 

plet 

J spo 

unse 

Thei 

ticn 



it 
rs a 
lly 
vid u 

sur 
r r rr.> 
hink 
ely 
cia 1 
ltis 
r qu 

i s 



is t he 
te a t a 
uninf or 
al gual 
vi v il 
r.t is d 
the pr 
t ails 
ly exit 
h 1 y v 
alif ica 
the rir 



min 
11 a 
ired 
if ic 
cf 

irec 
esen 

tc 
ical 
cted 
ticn 
st a 



crit 

cqua 

cf t 

atio 

demo 

tly 

t sy 

att 

in 

tc 
s tc 
nd h 



V ' £ 

inte 
heir 
ns f 
crat 
depe 
stem 
a in 

the 
the 

per 
ighe 



belie 

d wit 
educ 
cr a 
ic i 
c d e n t 
cf e 
that 
sel 
fair 
f cr m 
st cc 



t that 
h the 
aticn, 
judges 
nstitu 

upen 
lected 

desir 
ect icn 
settle 
this e 
nsider 



tcday 
jud ici 

backg 
hip. W 
tiens 
an inf 

judic 
ed gca 

cf 
ment c 
ssen ti 
aticn. 



, fe 
ale 
rcur 
e fi 
and 
crire 
iar y 
1. 6 
judg 
i sc 
a 1 g 



w, 1 
ardi 
d , e 
rmly 
r 
d el 
utt 
e be 
es 

ciet 
ever 



f any, 
dates 
xperie 
belie 
epr ese 
ectcra 
er ly a 
lieve 
whe i 
y 's di 
nmenta 



cf the 
and are 
rce and 
ve that 
ntative 
te, and 
rd ceffl- 
this is 
ust be 
sputes. 
1 func- 



insure the selecticn cf qualified judges, the 

minority suggests that the legislature create a committee, 

tisan in character, composed cf both lawyers and laymen, 

but predominately laymen, whe are geographically distributed 



Judiciary C c u a i 1 1 



521 



tnECJincu 1 " the state with at least cr? ir e h t e r tt cm each judicial 
district. Preferably the c c t n. it*;->; should t c elected ty -.he 
legislature for staggered terms cf three y-ars so that cre-third 
of its di enters are elected acr arnual session cf the legis- 
lature. £ embers cf the committee should r, ct held either public cr 
pcli r icai party offices a r. d n c id e ir b e r during his term of office 
may be a candidate for a judicial office. 

The minority has purposely refrained frcrr attentting tc pro- 
vine for the orgjr.iz.iticr. cf the ncirinatirg committee in the 
belief that the legislature is tetter able tc vigilantly overs-- 
its operation. 



The minciity is not satisfied with the current process of 
unlimited gubernatorial appointive pewer cf judges. Ir. the light 
of statistics revealing that ar overwhelming majority cf cur 
judiciary have been appointed ty the aevcrrer, we ar? especially 
apprehensive of the iutuic political character cr cur judges. 
Therefore, we have limited the governor's nomination tc these 
nominees selected ty a committee, cr-ated by and dependent upon 
the legislature. This system, we relieve, accords an effective 
cneck and balance. 



Neither have we been content with the merit selection systei 
aicne, but noting the validity ct recent ccrgressicnal disap- 
proval cf presidential appointments tc the United Stages supreme 
court, we nave recognized the value ct "advice and cense r.t" fea- 
ture cf the United States Constitution and have incorporated it 
into cur proposal t y the requirement ct senate confirmation. 



plan 
lemoc 

publi 
first 
elect 
two c 
again 
didat 
never 
gener 
vct<= r 
tc a 
state 



The fourth 
in the se 
ratio fcrs 
c off icia 
primary e 
i c n any 1 
an didat es 
s t each c 
e files ag 
the less, t 
il elect i 
s . for ev 
cce p tance 



CIS' 

lecti 

cf g 
Is. 
lecti 

a w y e r 
recei 
the i 
ainst 
he na 
cr t 
e r y s 
o r 



inct 

en c 
over 
This 
en f 

may 
v i n g 
in t 

the 
me c 
alio 
ucce 
reje 



an 

f j 
nee 

F 

cil 

fi 

i h 

he 

ap 
f t 
t 

edi 
cti 



d im 
udge 
nt, 
rime 
cwi r. 
1- a 
e h 
foil 
pcir. 
he a 
for 
nc t 

CI: 



pert 

s, i 
i.e. 

e s 
g a 
gain 
ighe 
cwir. 
ted 
ppci 
ace 
ere 

ty 



ant 
£, c 

/ a 

sent 

ppci 

st t 

c - 

g ge 
judg 

nted 
ep t a 
the 
the 



feat 
f cc 

CC II 

ial 
ctme 
he a 
vote 
ner a 
e i r 

jud 
nee 
elec 

vet 



ur e 
u r se 
peti 
is p 
nt. 
ppci 
wi 
1 el 

the 
ge rr 

cr 
ted 
ers 



cf 

, a 
tive 
r cv i 

In 
r ted 
11 
ect i 

pri 
ust 

re j 
judg 
cf h 



the 
necess 
elec 
ded f o 
this 
judge 
again 
en. If 
mary e 
appear 
ect icn 
e must 
is dis 



mr. c 
itv 

tier. 

r at 
pri 
and 

COB! 

r c 
lect 

c ;. 

ty 

su 
trie 



rity 

to a 

cf 

the 
mar y 

th ; 
pete 
c an- 
ion, 

the 

the 
fcnit 
t cr 



Tc repeat, the minority recctnirerds that this comprehensive 
systern cf selection, nomination, ccnfirnaticn and election cf 
judges is a realistic and practical method cf cttaining and keep- 
ing tetter judges ty an informed electorate. 

Section 8. QUALIFICATIONS AND LIMITATIONS OF JL'EGES. 



Nc parser shall te eligible tc the offices cf justice 
of the supreme court or judge cf the district court 









..', CCNSIIIUTICKAI CCNV^N^ICN 



shall have te=n admitted tc the [rac- 

i for at least five years pricr tc 

- cr election, is a citizen cf 

I has ide 3 ir the state cf flcn- 

iately tefcr< taking cffice. Cuali- 

l ic : • * lection 

ecu: ' LI I ; v . ■ ty law. 



cf judges of other 



■ u- ccr- rustic- cr district court judo? 
elicit cr receive any ccrrpersaticr. en account cf 
. y form whatever, except salary and 
3C tu ! y travel expense as provided ty law. 

as otherwise provided ir. this Constitution, re 

ourt justice cr district ccurt judge shall 

,:*ic^ law during his tern of office, engage in any 

1 c y m e n t for which salary cr fee is paid, cr 

held 2 f f i c e in j political party. 

Filing fcr another elective public office results in 
forfeiture cf judicial pesiticr. . 

trict judge must reside in his district during 
nis t-rn ct cfric-. 



CCKflEMS 

Earagraph cue of this section is essertially the same as 
tion 1 r ct Article VIII, ct the 18 89 Constitution 
it eliminates the age requirement as we feel that 
i a p c r t .i n + t s knowledge a n H 



:xcept that 
age isn't as 



and experience. It specifies five years 
of prac* at law as a Qualification for either a 
justice or a judge of the district 

ficatiens and methods cf selection cf judges cf the ether 
will be provided by law. 



jupreme court 
ccurt. It adds that the cuali- 

ccurts 



second paragraph cf secticn 5 is similar tc Article 

VIII, section 3C cf the 16S9 ccstituticr except that it clarifies 

compensation of judges ty allowing instead cf prohibiting the 

of actual necessary travel expense in addition tc salary. 




ind is designed tc prevent judgeships being used as 
stepping stones tor the fulfillment of political ambition. 

The fifth paragraph refines and shortens the residential 
cf district judges as they have teen spelled out in 



Judiciary C c ir a 1 1 1 € e 



523 



section 2 } cf Articl-: VIII. 

Section ;. DISQUALIFICATION C! JUCGnS. The legis- 
lature shall f-rcvid-' fci ci;cua lificaticr cr judges at 
any one or all cl tl - irfericr, trial arc appellate 
ccurt levels. 

C G f i v E ;. 1 s 

This section is Eslegate Prcpcsal Nc. SO, axc-:[t that we 
have changed " a ay picvide" to "shall provide", te cause *e feel 
that it thus give-, a clear mandate to the legislature tc act in 
this ari-ti. It is cur contention that it is the tasic right cf a 
litigant to tc assured an iirpartial judge at all levels of the 
courts. It is noted that although disqualification procedure fcr 
lcker courts is provided fcr ir the statutes, the s u p r e a € ccurt 
has r : ~air.ei exempt. By this f-rcvisicr, the supreme court jus- 
tices will a 1 s c t e subject tc the sinilar requireirerts. 



S 

LAv. 
sic 
tri 

mem 

Bar 

of 

car 

ecu 

cri 

s = r 

the 

it j 
its 

be 



tCtlCIi 

X E 5 £ . 1 

n cens 

ct judg 

her c f 

, a n d t 

the s 

ty, app 

mission 

3 i n a 1 a 

v^ ior 

commis 

o u its 

member 

confide 



1 ). 

h - L" 

ist 

es, 

the 

wc 

tat 

cin 

ppc 
th 

sio 
me 

s t 

nti 



i r 

c 

Cl 

te 
'r\a 
in 

ti 

iir 
c 
al 



KcMC 
is c 

g c 

i wh 
u p r e 

ti Z : 

cl 
d by 

11 

t m e r. 
ren:a 
is v 
3 rs. 
s e r v 



VAL 
re at 

f th 

ion 
tr e c 
r. s w 
^cnt 

the 
te 

t wa 
inde 
alia 

Ihe 
e as 



ANE 
ed a J 
r ee j u 
ret it 
cur t ; 
he dc 
ana c r 

gcver 
filled 
s tc a d -: 
r cr t 

u r. 1 e s 

CCffiOll 

chai r 



CISC 

ucic 

dees 
ere 

t WC 

ret 
a ;. } 

r.cr . 

i r 

and 
he t 
s cc 
ts ic 
a an . 



IPLI 
ial 
/ se 
tha 

ir- e r b 
held 

off 

Eac 
the 

the 
em 
ncur 
n sh 

Its 



S E 
Sta 

ers 
a r. 
ice 
h v 
saa 
a 
vac 
red 
all 



CF J 
r. c a r d s 
ted by 
ere c 

cf th 
y p ut 1 

cf a 
a c a n c y 
e mann 
ppcirt 
a ted . 

in ty 

selec 
c c e e d i 



L G I S A t> C 
C c ir n- i s— 

the dis- 
a n be a 
e fen tana 
ic effice 
political 
or the 
er as the 
ee shall 
N c act c f 

a i a j c r— 
t cne c f 
ngs shall 



Th 
incl 
upon 
char 
sure 
cipl 
t ic i 
char 
Lcrir 
cour 
tiat 
judg 
prac 
t ice 
vide 



a c 

ud in 
cc 

qes 
cr 

in:, 

ng 

gjs 
al 
t sh 

ed 

e or 
tici 
, th 
d ir 



jnmis 
g pew 
a p 1 a i 
which 
r e m c v 

cer. s 
1 a w y e 
tc be 
c c m p 1 
all h 
ma y 

disc 
ng 1 
e ecu 

sec t 



sion 
:r t 
nt 

ecu 
al o 
ur^, 
r i 

»el 
ain t 
ear 
reti 
ipli 
a w y e 
rt s 
icn 



sha 
c sub 
by a 
Id te 
f an y 
susp 
n th 
1 tcu 

Ct f 

such 
re,. 

ne , c 
r. I 
hall 
J of 



11 have 
pcena 
ny ci t 
the La 
just ic 
e n s i c n 
e sta t 
n d e c t h 
re the 
ceir p la i 
censure 
ensure , 
f the c 
call in 
this Ar 



the 
w i t n 
iz =r. 
sis 
e cr 
c r d 
-: cl 
e Cc 
supr 
rt, 
or 
su 

C IT pi 

a d 
ticl 



pc 

ess 

cr 

fcr 

ju 

ist 

«c 

mi 
erne 
a r.d 
r 6 
spe 
aii; 
ist 



wer 

or. 

dge 
arffl 

n ta 
ssi 
cc 
if 
ocv 
rd 
t t 
r ic 



tc 
a e 
i* 

e ti 
c : 

ent 

r. a . 

c r. 

urt 
it 

e a 
cr 

e a 

t j 



irves 
d dec 

s own 
rement 
fcr t 
cf an 
Upcn 
shall 
. Ihe 

te s 

r. y jus 

3 i s t 

cair.st 

edge a 



tigat e , 
u tr e n t s , 
metier, 
, cer.- 
h e d i s- 
y prac- 
finding 
tile a 
supre ne 
u t s t a n— 
tice cr 
ar any 
a jus- 
s pro- 



CCHHIMIS 

It lay seem contradictory tc go intc such detail in this 






I P CONSTITUTIONAL CCKVEKTICN 



.-Is that the seeminc currert distrust 
. hi the courts in particular 
ttcrt tc allay this distrust aid tc 
i iress by the public. Ir. cases where 
i justice cr judge is indicated, such 
„ , • '.ut the trauDDa caused ty a public pro- 
it make: possible disciplinary action 
c f such magnitude as tc warrant an 
i ib p ( • 



Ltici ' minority feels that it is essential that the 
publj vtn tl ippcrtunity for redress cr Grievances against 

-• rney. we feel that this section will do 
to keep legal profession at the high caliber that 
it is tc be accorded the respect recessary 
judicial system which we think Kent an a ought tc 



much 
it must 
tc have 



• 



hav< 



cicn 11. CLE IK CF THE SOEEEF.E COl'ET. The chief 

justici ill appoint a clerk of the supreie court she 

held offj at the pleasure of the supreme ccurt. 

ilary and qualifications shall be fixed by law, 
and the duties ci the effice shall be prescribed by the 
s up r < curt. 

CCEMEN1S 

1 he functions cr this effice are administrative in nature 
ind affect no policy change cr formation. For this reascn the 
minority feels it is best tc allow the supreme court to hire its 
own clerk. The clerk must work with the ccurt, and even thcugh he 
or sh Q has dealings with the public, the clerk doesn't represent 
the people i r, the sense that a legislator dees. We feel that a 
- ntial portion of the voters don't knew the candidate cr 
candidates ror the jesitien and crctatly aren't very concerned 
tl position since no pel icy decisicrs are made. 

In iticn, again allowing for future innovation, if the 
position develops into an agency tc facilitate administration cf 

judicial system, the ccurt should have the prerogative tc 
hire th ■ ; :son it feels is best qualified tc perform the func- 
tions that it iray prescribe. 

Section 12. CLEPK CF THE CI51PICT COUBT. There shall 
a cierK cf each judicial district ccurt in each 
county who shall be elected by the voters therein and 
who may appoint such deputies as provided ty law. 

The term cf effice, guali f icat ions , and the compensa- 
tion cf the district ccurt clerk and deputies shall be 
previa 3d by law. 



The duties of the clerk and deputies shall be pre- 
scribed by the district ccurt judge as provided by law. 



Judiciary Committee 



525 



C C B B E N 1 S 

This section is basically the same as Article VIII, section 
18 in the 1369 ccnstit uticn , except that we have delegated tc the 
legislature the aaty cf providing ten ct office, cualif icaticns 
and compensation. Again, this irerelv allows flexibility. 

It is felt that the clerk should have the privilege ct 
appointing deputies, whc in etfect are wcrkir. g fcr hiir. 

Tie trincrity alsc feels that the duties cf the clerks acd 
deputies should te provided net crly by the legislature tut alsc 
by the district court judge who will te wcrkirg closely kith tie 
clerk. 

3y including the clerk cf the court in this judicial article 
it is ret intended tc impair the consolidation cf this office 
with ether ccunty offices as proposed by the Local Government 
Committee, iut if the committee en Style and Crafting deterair.es 
there is conflict, the rratter rray te ref^rr-:d tack. tc a joint 
conference ci Judiciary and Local Government Co unit. tees. 

Section 13. DISTRICT A1TCBNEIS. There shall te 
elected district attorneys whcs c jurisdictional area, 
qualifications, tern cf office, salaries and duties 
shall be provided by law. 



many y 
a 1 1 c r n 
eventu 
t icnal 
make t 
legisl 
tiens, 
philcs 
tinuin 

will ID 



n an 
ears, 
ey t 
ally 

des 
ransi 
ative 
term 
cphy 
g the 
erely 



ef ro 

we 
c d 
ccun 
igna 
tion 
ac 

cf 

of 

S V s 

be 



rt tc 
d e e id e 
istri 
ties 

ticn 

in t 
ticn 
off ic 
f lexi 
tern c 
cal le 



wn 
d it 
ct 
may 

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te a 

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attc 

deci 

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area 
cern 
alar 

ty. 
unt y 
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CCf KENTE 

document that will be applicable fcr 
t tc change the title cf ccunty 
rney. It is entirely possible that 
de to share services and a Ccnstitu- 
county attorney fcr each ccunty wculd 
difficult. V»e have provided fcr 



ir.g jur isdict icna 1 area, gualifica- 
y and duties in keeping with cur 
This section in no way precludes coc— 
attorneys that we new have; they 
ct attorneys instead. 






'•,...'• CCNSUTUTICNAI CONVENTION 



C K . ' r A . B T c * A T T E F 



• [ . ■ t k f. 1 1 1 I I : 

tin sections in the new Ccrstituticn to read 
Lews : 

EXZTTICN lav.;. 7:.-. 1 gislative assemtly shall 

L c r . ril££. No . rpetuities shall he 

a 1 J - , k c . - t c i charitatle f u r f. c s - £ . 



£ Jvid_L i _Hcllani 

C i i i i n a r 



Cath€riii£_F tester tec 

Vic-? c i. .tinar 



[ ! . Aroncfc 



Ien_| i _Esrg x _Jr i 



J € a i . Ecwiari 



i_slie "Jce" Eskildssn 



? c d Hansen 



J. fascr Kelvin 



Jci !■;. Schiltz 



Judiciary C c it ir 1 1 1 < 



527 



COMMENTS CU UNAKIKCUS EFCFCSAL CN SEEAPATE PATTEF 

Section . EXEMPTION LAfcS. The legislative assem- 
bly shall ^r. act liberal hdrestead and exemption laws. 

CCKKENTS 

This language is identical kith Article XIX, section u cf 
the 13 8 9 Constitution. All ct the ccumittec feel that re change 
shall be. made in this Constitutional section. 

Section . PEBFET0I1IIS. Nc perpetuities shall he 

allowed, sxeep- for charitable purposes. 

CCBKEMS 



This language is identical with Article XIX, secticr 5 cf 
the 1 ^ d 9 Constituticn. All cf the cciririttee feel that nc change 
shall be made in this Ccr stituticnal secticr. 






'.A CChSinUI JCKAL CCtWENTTCN 



M i -', ilX A 



E f Ji N C I S 



L . ! SAL: 

l 

1 



• 
7 

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m 

1 ! 
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; i 



Present Article 5 Section 

VIII, 1 

VIII, 2 

VIII, 3 

VIII, a 

VIII, 5 

VIII , 6, 7 

V 1 1 T , S 

viii, 1 : 

VIII, 11 

V T 1 1 , 12, 13 
VIII, 15 
VIII, 16 
VIII, 1? 
VIII, 19 
VIII, 1? 
VIII, 2 r , 21 
VIII, 22, 23 
VIII, 24 

N e v Secticr, 
VIII, 25 
VIII, 26 
VJII, 27 



Judiciary Ccirnittee 



529 



23 
2U 



27 
28 
29 

30 
31 
32 



VIII, 28 
VIII, 29 
VIII, 30 
VIII , 31 
VIII, 32 
VIII, 33 
VIII , 34 
VIII, 35 
VIII , 36 
VIII, 37 

Sections Deleted: 
VIII, 8 , 13 



II. MAJORITY P30P0SAI (CAfEAIGN EXPENSES) 



he cress reference 



III. PINGSITY PROPOSAL 

Proposed Ssc*;icr 
1 



6 

7 
8 



Present Article S Section 
VIII, 1 
VIII, 2, 3 
VIII, 5 
VIII, 11, 23 
VIII, 12, 1U 
VIII, 7, 12, 20, 29 
VIII, 6, 12, 3<4 
VIII, 10, 16, 30, 

31, 33, 35 
Nek section 






VCN1ANA CCNSIIIGTICtvAL CChVSNTICN 



1 ; 
1 1 

i : 
i 



h e ■ secticr 
VIII , 9 
VIII, 18 
VIII, 19 

Sections Deleted: VIII, 4 
8, 13, 15, 17, 21, 
2 2, 24, 2 E , 26, 27, 
2t, 32, 36, 37 



V . I ' ■ • FCSAICNSEIAEATEKATTEF 

lie; . I section Present Article {> s c cticr. 

Exemption Laws XIX, 4 

terp^tuities XIX, 5 



Judiciary Ccirir it tee 



531 



APPENDIX B 



PROPOSALS CONSIDERED BY COMMITTEE 
The following delegate proposals were examined and con- 
sidered by the Judiciary Committee during its deliberations: 



Number of 

Proposal Chief Sponsor 

7 Earl Berthelson 



Subject Matter Disposition 



30 



34 



44 



5 3 



69 



9 



9 2 



Jerome J. Cate 
Bob Campbell 
Donald R. Foster 



Jerome T. 
Loendorf 

Thomas M. Ask 



Carl M. Davis 



Geoffrey L. 
Brazier 

Franklin Arness 



Judicial 
Article 



Sovereign 
Immunity 

Restoration 
of Rights 

Citizen 



Adopted in 
Part by 
Majority and 
Minority 

Referred to 
Bill of Rights 

Referred to 
Bill of Rights 

Referred to 



Participation Bill of Rights 
in Government 



Judicial 
Article 

Justices of 
Peace 

Prosecuting 
Attorneys 



Rejected 
Rejected 
Rejected 



Disqualif ica- Rejected 
tion of Judges 

Appeals and Rejected 
Inferior Courts 



MCN1ANA CCNSTITOTICSAI CCNVFMICN 



Number of 

Chief Sponsor Subject Matter Disposition 



10. Mike McKeon Probate Court Rejected 

11. Jerome T. Employees' Rejected 

Loendorf Retirement 

System 

149 e McKeon Probate Court Rejected 

13. 155 -hie Wilson Probate Rejected 

Administrator 

Robert Lee Acts of Rejected 

Kelleher Parliament 

5. 163 Veronica Fair and Suggested to 

Sullivan Humane send to Bill 

Facilities of Rights 

16. 168 Robert Lee Rights of Rejected 

Kelleher Convicted 

Felons 

169 Robert Lee Access to Rejected 
Kelleher Courts 

18 • Otto T. Limitation on Rejected 

Habedank Due Process 

19 • 176 Robert Lee Failure to Rejected 

Kelleher Vote is Crime 



Judicial v Ccirtritt' 



533 



A F F E I\ E I a C 
KIINESSIS K I A b L E Y 1 h i CCHrtllTII 



NiJie - Affiliation 

1 . 



•rsiorr.c: - subject 



[rcttssc: Lavic Mason - Montana Schccl of Lab - fisscula - 
Proponent c i t h - v i c r t a r a Flan. 

2. Dean Kotert E. Sullivar - Ken tana Schccl cf law - Fissoula - 
Er crone nt of the fcrtana Elan. 



3. 



•4. 



5. 



6. 



7. 



.'.. 



Prcfessci Willian "Luke" etc vie j - Mcr.tar.a Schccl 
Missoula - Proponent or t h - h c r t a n a Flan. 



Law - 



r rneth Lavis - Montana Citizers :ci Ccur 4- Improvement - 
B i 1 li n 7 s - Fr o po :i = n t c £ the Mcntana Flan. 

Stanley Lev- - Associate Director, American Judicature 
Society - Chicago - Prcpcnent of the Mcrtata Plan. 

William Bellingham - Eresident, Montana Far Association - 
E i 1 li ng £ - Proponent of the Kcrtana Plan. 

£ a r 1 Eerthelscn - Ccr. ver. tier Delegate - Ccr. raj - Prcpcnent cf 

the f; c r t a r. a Plan. 

Geoffrey Brazier - Convention Delegate - Helena - Courts in 
General, Delegata trcpcsal # a C. 



9. Gecrge Schctte - President, Mcttana Citizens for Ccurt 
Improvement - Helena - Proponent cf the Kcrtana Plan. 

1C. Jchn Lane - Cascade County Irterlccal Cccperaticn Committer - 
representative - Helena - favcr?d Scrtara Plan, a ppci r tnient 
cf judges a r. d flexitility cf lewer ccurts. 

11. Chief Justice J. 1. Harriscn - Supreme Ccurt of fentana - 

Helena - endorsed txntara Flan 

12. Judge Robert Keller - Mcntana Eistrict Ccurt - Kalistell - 

Appointment ot judges, increased judicial cempensa t ion and 
ether ccurt rrchlems. 

13. Archie jiilscn - convention relegate - Kysbam - favcred most 

farts cf Mcntana Flan, Delegate Frcpcsal #155. 

14. Charles McNeil - Convention Delegate - Eolscn - Cppcnent of 

fentana tlar. . 

15. Judge: Victor Fall (retired) - Kcrtana District Ccurt - Helena 

- indorsed a shcrt judicial article with as much left tc the 
legislature as pcssitle. 






B NA CCb D 110 NAL CONTENTION 






17. 



1 » 



1 I. 



nt # tcrtara Judge?' Association 
Fav ■ .i ■ ■ ; : ' Flan cf the Judicial arti- 

i tana Ci 4 -;/-:..; fcr Ccurt Isprcveitert - 
nt c: Kent an £ Flan. 

• , . \ llirgs - Submitted shcrt, flex- 

i 1 1 • i • . < a . 



- Ccur.ty A^ci 



Eig Tiirter - County 



20. . i 3rcwnle= - Montana ristrict Ccurt - Pisscula 

- ,n; - eace, Cppcr.ert cf Montana Flan. 

21. , sen - President, Montana Ccunty Attorneys Assccia- 

n - halispell - Ccutty attorneys. 

2 2. - ccunty Attorney - E r c a d u s - County Attorneys. 

23. Andrew G . Sutter. - Secretary, fentana Ccunty Attorneys Asso- 

n - Jcrdan - ccunty Attorneys. 

2 4 . C p a 1 rt - Lobbyist, Elected Ccunty Officials cf Montana - 

Jii: ci tb< re ace, Clerks cf Ccurt. 

25. Sterling CePratu - Justice cf the Peace - Fairfield - Jus- 

: : + !. .. Peace. 

26. . Clark - Lobbyist, United Transportation Onions - Miles 
:*y - Justices or the Peace, Clerks cf Ccurt. 

27. Halter Hamrcermeister - Sheriff and Eeace Cfficer Association 

- Ccr.ru: - .Justices cf the Peace. 

28. Thomas J. Kearney - Clerk cf Montana Supreire Ccurt - Pelena - 

Clerks cf Ccurt. 

2°. Barnahy - President, Montana Clerks cf Court Associa- 
tion - fc i b a u x - Clerks of Ccurt. 

30. Elmer -irickscr - Clerk cf District Court - Chouteau - Clerks 
cl Court. 



31. Hardin E. led! - Secretary, Kcrtana Clerks cf Court Associa- 

tion - Billings - Clerks cf Ccurt. 

32. Francis Mitchell Lobbyist, Kcrtana Common Cause - Helena - 

ma, favored partisan election of supreme 
justices and left the design cf the court system tc 
the supreme ccurt. 



Judiciary Ccnaittee 



535 



33. J. Chan Ettien - Attorney - Havre - Opponent cf th<= Kcrtana 

Plan. 

34. Jce Fcbjrts - law Student - Missoula - Justices cf the Peace. 

35. Jchn Kudd - Law Student - Missoula - Judicial Selecticr. 

36. Judge Russell Smith - ^ntana Federal listrict Cent 

Missoula - Proponent cf fentana Elar. . 

37. Earney Reagan - Ninth Judicial Eistrict tar Association - 

Helena - Opponent cf Kcntana Elar. 

38. Harold McChesney - President, Montana Trial Lawyers Associa- 

tion - Missoula - Fepcrted pell cf his organization showing 
opposition to appointive judges and ir favor cf deleting 
Constitutional reference to J. P. Courts. 

39. Jchn Haul - Attorney - Eillirgs - Judicial Selection. 

40. Mrs. Bernice hclf - Interested Citizen - Nashua - Ccurts in 

general. 

41. Bey Crosby - Montana Citizens for Ccnst itu t icna 1 Government - 

Missoula - Opponent cf Montana Elan and relegate Proposal 
#44. 

42. Judge S. S. Lessley - Montana Eistrict Ccurt - Bczeman - 

Proponent cf Hcntara Plan. 

43. Judge Bcbert Wilson - Montana Eistrict Ccurt - Fillings - 

Ercpcnent cf Ecntana Elan. 

44. Paul Keller - Attorney - Eelena - Justice of the Eeace 

Ccurts. 

45. Luke McKeon - State Senator - Araccnda - Opponent cf Montana 

Plan. 

46. Joe Renders - Interested Citizen - Great falls - Opponent cf 

Montana Plan. 

47. James T. Mular - Brcthsrhccd cf Railway and Airlines Clerks - 

Butte - Opponent cf Montana Flan. 

48. Jchn Sullivan - Law Student - Kisscula - Opponent cf Montana 

Plan. 



49. Frank Arness - Convention Delegate - Litty - Eelegate Pro- 
posal #92. 

5C. A. V. Kamhcot - Convention Eelegate - Forsyth - Delegate Pro- 
posal #155. 






KCN7ANA CCKfmiTTCNiU CONVENTION 



51. i- ■ !. l y Ccrvecticr Delegate - Kalispell - Delegate 

•■ ' . 

i • : - ixecutiv* [:r-c*-cr, f-cntare Eutlic Esplcyees 
: i a t i c r - I a - I I | te Frcpcsil « 1 <4 5 . 

)n ve r. t i c : ' e 1 ega t e - £ i d ne y - Ee lega te E re- 
ice <>1 * 1 7U . 

54. J- tcn-^ Lcendorf - Ccrvertici Delegate - Helena - Delegate 

biopcsals * uu , 15 . 

55. Davis Convention Delegate - Dillon - Delegate Proposal 

- • ■ . 

c fc. Tom Ask - Convention Delegate - Ciller - Delegate Proposal 

I ct r lie her - Convention Delegate - Eillir.gs - Judicial 
Selection. 

tiughee - Conventicr Delegate - Misscula - Judicial Se- 
1 =cticn. 

59. Kil s Kcnney - Convention Delegate - Hamilton - Judicial Cci- 
p g n -. 1 1 i c n . 



•v Gulick - Interested Citizen - Jcplir - Ccurts in General. 

61 « '• icoks, Eresident, Ccntana Magistrates Association - 

L^wistcvn - Justice cf the Peace Ccurts. 



Judiciary Ccairittee 



537 



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